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STATEMENT  OF  FACTS 

Ltfernry, 
— ,  Vol.   7 

ESTABLIS      IENT  AJVD  PHOCiRESS 


Relative  to 


OF  THE 


ELGIN  BOTANIC  'GARDEN, 


AND  THE 


SUBSEQUENT  DISPOSAL  OF  THE   SAME 


TO  THE 


STATE  OF  NEW-YORK. 


BY  DAVID  HOSACK,  M.  D. 

Profeisor  of  Botany  and  Materia  Medica  in  Columbia  College. 


NEW-YORK.- 

PRINTED  BY  C.  S.  VAN  WINKJ.E, 
No.  56  Pine-street-, 


v*9&.  1811. 


tie 


PEEFACE. 


The  Botanic  Garden,  commonly  known  by  the  name 
of  Elgin,  situated  in  the  vicinity  of  this  city,  having 
agreeably  to  an  act  of  the  Legislature  passed  on  the 
1'ith  day  of  March,  1810,  become  the  property  of  the 
state  of  New-York,  I  have  deemed  it  proper  to  lay  before 
the  public,  the  following  statement  of  facts  relative  to  the 
first  establishment,  the  progress,  and  subsequent  dis- 
posal of  that  institution.  A  publication  of  this  kind  has 
become  the  more  necessary  for  the  purpose  of  correcting 
many  errors  which  have  prevailed,  and  do  still  prevail 
with  the  community,  owing  partly  to  an  ignorance  of 
the  real  circumstances  of  the  case,  and  partly  to  misre- 
presentations circulated  through  the  medium  of  the  pub- 
lic papers,  and  other  channels  of  information.  Among 
these  errors  may  be  particularly  mentioned  the  three 
following :  first,  that  the  ground  appropriated  to  the  use 
of  the  Botanic  Garden,  was  not  originally  purchased  by 
me,  but  gratuitously  granted  by  an  act  of  the  corporation 
of  this  city ;  secondly,  that  I  have  received  an  annual 
salary  from  the  Legislature  of  this  state,  for  the  mainte- 


'4> 

nance  of  the  establishment;  and,  thirdly,  that  the 
valuation  of  the  property  made  by  the  appraisers  ap- 
pointed by  the  Land  Office,  has  been  ratified  by  that 
board  to  the  full  amount  of  the  appraisement  presented. 
These  errors  have  been  extensively  circulated ;  but  the  fol- 
lowing statement,  taken  from  original  documents,  will 
place  this  subject  before  the  public  in  its  true  light,  and 
afford  sufficient  evidence  of  the  incorrectness  of  those  re- 
ports and  of  many  others  which  have  obtained  circulation. 

D.  H. 

2se\v-York,  March  12th,  18ir. 


A  STATEMENT,  %& 


— »«&%»— 


WHATEVER  difference  of  opinion  may  exist,  relative  to 
the  utility  of  a  botanic  garden,  as  a  necessary  appendage  to  a 
medical  establishment,  certain  it  is,  that  the  judgment  of  scientific 
men  has  been  uniformly  concurrent  on  this  subject.  The  exam- 
ple of  the  schools  of  medicine,  in  almost  every  great  city  of  Eu- 
rope, is  sufficiently  conclusive  on  this  head,  as  scarcely  one  of 
them  is  without  an  extensive  botanic  garden ;  and  their  practice, 
it  is  presumed,  must  be  the  result  of  experience  of  their  utility. 

At  an  early  period,  in  our  own  country,  also,  there  were  men 
of  distinguished  acquirements,  who  strenuouslv  maintained  the 
necessity  of  institutions  of  this  kind.  Among  these  may  be  men- 
tioned the  late  Lieutenant  Governor  Colden,  justly  celebra- 
ted for  his  many  and  valuable  contributions  to  American  bota- 
ny, and  the  learned  Dr.  Peter  Middleton,  late  professor  of  medi- 
cine in  King's  College,  in  this  city.  The  following  observations, 
delivered  by  the  latter  gentleman,  upon  the  opening  of  the  medi- 
cal school,  in  New- York,  in  1769,  contain  his  opinion  on  this 
subject,  and  will  show,  that  even  at  that  early  date,  the  founders 
ol  the  medical  college  looked  forward  with  an  ardent  desire  to  an 
establishment  of  this  sort,  as  necessary  and  important  to  a  com- 
plete system  of  medical  education. 

"  By  botany,  we  are  instructed  in  the  natural  history  and  distinguishing 
characters  of  plants  This,  pursued  as  a  science,  or  branch  of  medical  study, 
presents  to  us  a  fund  of  knowledge,  both  valuable  and  ornamental  As  this 
continent  yields  most  of  the  medical  plants  now  in  use,  and  abounds  also  with. 
a  variety  of  others,  whose  qualities  we  are  as  yet  but  little  acquainted  with, 
or  entire  strangers  to  ;  may  we  not  hope,  that  among  the  future  literary  insti- 
tutions in  this  place,  a  teacher  of  botany  will  soon  be  appointed,  and  a  botanical 
garden  laid  out,  and  properly  furnished  ?  This  would  open  an  extensive  field 
fer  further  dtseoveries  in,  and  for  large  acquisitions  to  the  materia  meclicaj 


6 

and  this  city  might  yet  have  the  honour  of  the  first  appointment  of  that  kind 
in  America."* 

Upon  the  revival  of  the  medical  school  in  Columbia  College, 
in  the  vear  1792,  the  board  of  trustees,  aided  by  the  legislature 
of  the  state,  made  provision  for  the  endowment  of  additional 
professorships  in  that  institution.  A  distinct  professorship  of 
botanr  was  also  at  that  time  established,  and  lectures  on  this 
branch  of  science  were  delivered  bv  Dr.  Samuel  L.  Mitchill, 
who  was  chosen  to  that  station.  But  though  the  aid  of  the 
legislature  was  thus  far  bestowed  in  behalf  of  the  advancement 
of  the  medical  school,  it  appears,  that  they  conceived  still  more 
was  wanting  to  give  efficacy  to  their  labours,  and  to  the  organi- 
zation of  a  complete  medical  establishment.  The  public  solicitude 
on  this  occasion  appears  in  the  following  abstract  from  a  report 
made  by  the  Agricultural  Society  of  the  state,  (of  which  associ- 
ation the  members  of  the  legislature  formed  a  part)  and  publish- 
ed in  their  transactions,  part  2d,  1794. 

"  The  establishment  of  a  garden  is  nearly  connected  with  the  professorship 
of  botany  under  the  college,  and  the  lectures  on  that  branch  must  be  ahvaj^s 
very  ktme  and  defective  without  one.  Nothing  but  a  more  full  conviction  of 
its  importance  and  utility  is  wanting  to  set  on  foot  such  an  institution,  and  to 
carry  it  into  effect  A  botanical  garden  is  not  only  one  of  the  most  useful 
and  most  important  of  public  improvements,  but  it  also  comprises  within  a 
small  compass  the  history  of  the  vegetable  species  of  our  own  country  ;  and 
by  the  introduction  of  exotics,  makes  us  acquainted  with  the  plants  of  the 
most  distant  parts  of  the  earth.  Likewise,  by  facilitating  experiments  upon 
plants  at  this  time,  when  a  true  theory  of  nutrition  and  manures  is  such  an 
interesting  desideratum,  a  botanic  gardes  may  be  considered  as  one  of  the 
means  of  atfordi  g  substantial  help  to  the  labours  of  the  Agricultural  Society, 
and  be  conducive  to  the  improvement  of  modern  husbandry  When  these 
things  are. duly  considered,  it  can  scarcely  be  doubted,  that  a  botanic  garden, 
under  the  direction  of  the  society,  or  of  the  college,  with  a  view  to  further  the 
agricultural  interest,  will  be  set  on  foot  and  supported  by  legislative  provision : 
to  the  end  tha.t  young  minds  be  early  imbued  with  proper  ideas  on  this  im- 
portant subject."p 

In  the  month  of  May,  1795,  Dr.  Mitchill  having  resigned  his 
botanical  professorship,  I  was  appointed  his  successor ;  and  in  the 
following  year,  upon  the  death  of  the  late  Dr.  William  P.  Smith, 
professor  of  the  materia  medica,  I  was  elected  to  the  joint  pro- 
fessorship of  botany  and  materia  medica. 

I  now  readily  perceived  that  an  abstract  account  of  the  princi- 
ples of  these  sciences,  as  taught  by  books,  coloured  engravings, 
or  even  with  the  advantages  of  an  herbarium,  must  necessarily  be 


*  Medical  Discourse,  8vo.  p.  58. 
t  Transactions  of  the  Society  instituted  in  the  state  of  New-York,  for  the  promotion  of  Agri- 
culture.   4to.  p.  siv. 


7 

very  imperfect  and  unsatisfactory,  when  compared  with  the  ex- 
amination of  living  plants,  growing  in  their  proper  soils,  with  the 
advantages  of  culture  ;  that  a  study,  in  itself  both  highly  useful 
and  agreeable,  was  necessarily  rendered  uninviting  from  the 
manner  in  which  its  principles  were  illustrated,  and  that  a  bota- 
nical establishment  was  indispensably  necessary  in  order  to  teach 
this  branch  of  medical  science  with  complete  effect. 

Influenced  by  these  considerations,  and  persuaded  of  the  ad- 
vantages to  be  derived  from  the  institution  of  a  botanic  garden, 
which  could  be  made  the  repository  of  the  native  vegetable  pro- 
duction of  the  country,  and  be  calculated  to  naturalize  such 
foreign  plants  as  are  distinguished  by  their  utility  either  in  me- 
dicine, agriculture,  or  the  arts,  as  well  as  for  the  purpose  of 
affording  the  medical  student  an  opportunity  of  practical  instruc- 
tion in  this  science,  I,  immediately  after  my  appointment  as 
professor  in  the  college,  endeavoured  to  accomplish  its  esta- 
blishment. I  was  also  strengthened  in  my  design  by  the  advice 
of  those  of  my  friends  to  whom  I  made  known  my  wishes,  and 
for  whose  opinions  on  this  subject,  I  could  not  but  entertain  the 
highest  respect.  Sensible,  however,  that  an  undertaking  of  this  na- 
ture could  with  difficulty  be  effected  by  an  individual,  and 
having  already  expended  considerable  sums  in  the  purchase  of 
an  extensive  collection  of  books,  numerous  coloured  engravings, 
and  a  valuable  herbarium,  I  made  application  to  the  board  of 
trustees  of  Columbia  College,  soliciting  their  assistance  in  the 
undertaking  which  I  contemplated.  The  following  are  copies  of 
the  memorial,  which  was  presented  in  November,  1797,  and  of 
the  report  of  the  committee,  appointed  by  the  board  of  trustees, 
to  consider  the  subject. 

To  the  President  and  Members  of  the  Board  of  Trustees  of  Columbia 
College 

The  establishment  of  a  Professorship  of  Botany  in  Columbia  College  was 
justly  considered  as  an  evidence  of  your  regard  to  the  general  interests  of 
science.  As  completing  your  plan  of  medical  education,  it  has  given  reputa- 
tion to  the  college  both  in  Europe  and  America,  and  has  excited  expectations 
which  unfortunately  hitherto  have  in  no  sort  been  fulfilled. 

Since  I  have  had  the  honour  of  an  appointment  to  this  Professorship,  it  has 
been  to  me  a  source  of  great  regret  that  the  want  of  a  Botanical  Garden,  and 
an  extensive  Botanical  Library,  have  prevented  that  advancement  in  the  inte- 
rests of  the  institution  which  might  reasonably  have  been  expected 

My  mind  has  been  much  exercised  in  devising  some  means  of  removing 
these  difficulties,  but  hitherto  without  success.  To,  this  end,  I  have  purchased 
for  the  use  of  my  pupils  such  of  the  most  esteemed  auihors  as  are  most 
essential  in  teaching  the  principles  of  Botany  ;  and  at  a  considerable  txpense 
I  have  been  enabled  to  procure  a  large  and  very  extenshe  collection  of 
coloured  engravings  ;  but  the  difficulty  of  teaching  any  br^nch'of  natural 
philosophy,  and  of  rendering  it  interesting  to  the  pupil,  without  a  view  and 


examination  of  the  objects  of  which  it  treats,  will  readily  be  perceived ;  it  will 
also  occur  to  you  that  books,  or  engravings,  however  valuable  and  necessary, 
are  of  themselves  insufficient  for  the  purposes  of  regular  instruction  in 
medicine. 

The  obvious  and  only  effectual  remedy  would  be  the  establishment  of  a 
Botanical  Garden  ;  this  would  invite  a  spirit  of  inquiry.  The  indigenous  plants 
of  our  country  would  be  investigated,  and  ultimately  would  promise  important 
benefits,  both  to  agriculture  and  medicine.  But  I  am  aware  that  the  funds  of 
the  College  will  not  at  present  admit  of  such  an  establishment  upon  an  exten- 
sive scale.  Influenced  by  this  consideration,  I  beg  leave  to  suggest  to  the 
board  of  trustees,  as  the  best  substitute  for  such  an  establishment,  and  as 
introductory  to  a  more  extensive  plan,  whenever  the  funds  of  the  College  may 
justify  it,  that  the  professorship  of  botany  and  materia  medica  be  endowed 
^  ith  a  certain  annual  salary,  sufficient  to  defray  the  necessary  expenses  of 
a  small  garden,  in  which  the  professor  may  cultivate,  under  his  immediate 
notice,  such  plants  as  furnish  the  most  valuable  medicines,  and  are  most 
necessary  for  medical  instruction ;  or  that  it  be  appropriated  in  any  other 
manner  which  may  appear  more  eligible,  under  his  direction. 

(Signed)  DAVID  HOSACK. 

(COPY.) 

The  committee  appointed  by  the  board  of  trustees  to  examine  the  proposi- 
tion laid  before  them  by  the  professor  of  Botany — Report, 

That  upon  inquiring  into  the  present  state  of  the  professorship  of  botany 
and  materia  medica,  we  have  found  that  the  present  professor,  Doctor  David 
Hosack,  has  been  at  great  expense  in  the  purchase  of  the  necessary  books, 
plants,  and  engravings,  to  render  the  professorship  valuable  and  instructive  to 
his  pupils. 

That  to  the  same  end,  the  establishment  of  a  botanical  garden  appears  to 
be  essentially  necessary  for  the  purposes  of  medical  instruction. 

That  we  consider  such  an  establishment  will  not  only  contribute  to  the 
Instruction  of  the  pupil,  but  will  greatly  advance  the  real  interests  and  reputa- 
tion of  the  college. 

That  we  have  particularly  examined  the  plan  which  Doctor  Hosack  has 
proposed,  and  earnestly  approve  the  same. 

That  with  the  advantages  he  already  enjoys  of  an  extensive  botanical 
library  and  herbarium,  and  having  a  piece  of  ground  under  his  own  immediate 
inspection,  we  consider  that  a  sum  not  exceeding  three  hundred  pounds  per 
annum  will  enable  him  to  defray  the  expenses  of  the  establishment  he  propo- 
ses, in  the  cultivation  of  those  plants  that  are  employed  as  articles  of  medicine. 

That  we  earnestly  recommend  to  the  board  of  trustees,  that  the  above 
mentioned  sum  of  three  hundred  pounds,  be  annually  allowed  for  the  term 
of  five  years  to  Doctor  Hosack  for  the  above  purposes,  which  we  believe 
will  be  faithfully  employed,  and  in  such  manner  as  will  greatly  redound 
to  the  honour  and  interests  of  the  institution. 

(Signed)  BENJAMIN  KISSAM, 

WILLIAM  MOORE. 

Though  the  committee  appointed  by  the  trustees  of  the  col- 
lege expressed  an  opinion  thus  favourable  of  a  botanic  garden, 
and  recommended  that  an  annual  sum  of  three  hundred 
.pounrds,  for  five  years,  might  be  allowed  for  the  purpose  of 
aiding  io,  the  establishment  of  such  an  institution,  and  though 
the  board  of  trustees  coincided  in  the  opinion  of  the  committee  ; 


yet  for  want  oi'  sufficient  funds  they  were  unable  to  comply  with 
their  request. 

In  the  month  of  February,  1800,  I  made  application  to  the 
legislature  of  the  state,  that  the  sura  recommended  by  the  trustees 
oi  Columbia  College,  for  the  purpose  of  instituting  a  botanic 
garden,  might  be  granted,  or  such  other  provision  made  as  thev 
should  think  proper.  I  insert  a  copy  of  my  memorial,  followed 
by  an  account  of  the  proceedings  of  the  legislature,  as  taken  from 
the  journals  of  the  house. 

To  the  honourable  the.  Senate  and  Assembly  of  the  state  of  J\Teto-  York — The  re- 
spectful memorial  of  David  Hosack,  professor  of  botany  in  Columbia  College 

Shexueth, 

That  your  memorialist,  some  time  since,  presented  to  the  boatd  of  trustees 
of  the  said  college,  a  memorial  stating-  the  great  utility  and  necessity  of  a 
botanical  garden,  to  render  the  institution  of  the  professorship  under  his  care 
productive  of  those  advantages  to  the  student  which  ought  to  be  expected 
from  it ;  and  praying  the  appropriation  of  a  sum  of  money  to  be  employed 
for  that  purpose. 

That  tiie  board  appointed  a  committee  to  examine  the  subject,  and  report 
their  op.n  on  ;  who  reported,  that  they  entirely  approved  the  plan  proposed, 
and  earnestly  recommended,  that  the  sum  of  three  hundred  pounds  per  annum 
might  be  allowed,  for  five  years,  to  enable  your  memorialist  to  carry  it  into 
execution  :  a  copy  of  which  memorial,  reference,  and  report,  are  hereunto 
subjoined,  and  to  which  your  memorialist  prays  leave  to  refer  your  honour- 
able body,  for  more  particular  information. 

That  the  board  of  trustees,  although  sensible  of  the  utility  and  importance 
of  the  object ,  have  not  been  able,  for  want  of  sufficient  funds,  to  carry  into  ex- 
ecution the  plan  proposed  by  your  memorialist,  and  approved  by  the  commit- 
tee ;  and  without  which  the  students  in  that  branch  of  science,  under  the 
direction  of  your  memorialist,  will  continue  to  labour  under  all  the  disadvan- 
tages hitherto  experienced  ;  and  he  finds  it  cannot  be  effected  without  the  aid 
of  the  legislature. 

Your  memorialist  therefore  prayrs  your  honourable  body  to  grant  to  your 
memorialist  the  sum  recommended  as  necessaiy  to  carry  the  proposed  plan 
into  execution,  or  that  such  other  plan  maybe  devised,  and  sums  appropriated;, 
as  may  be  thought  better  calculated  to  answer  the  end  proposed. 

(Signed)  DAVID  HOSACK. 

IN    ASSEMBLY. 

February  20th,  1S0O. 
A  petition  of  David  Hosack,  M.  D.  professor  of  botany  and  materia  medica. 
in  Columbia  College,  relative  to  establishing  a  botanical  garden,  and  praying 
a  grant  of  three  hundred  pounds  per  annum,  for  five  years,  for  such  purpose, 
was  read,  and  referred  to  Mr.  Wood,  Mr.  Henry,  and  Mr.  Masters.* 

February  26th,  1800. 
Mr.  Wood,  from  the  committee  to  whom  was  referred  the  memorial  of 
David  Hosack,  reported,  that  m  their  opinion  the  prayer  of  the  memorialist 


*  JoHrnal  of  Assembly,  23d  session,  p.  181. 


10 

•ought  to  be  granted.  That  they  have  prepared  a  clause  to  be  annexed  to 
some  proper  bill  for  that  purpose,  and  directed  their  chairman  to  bring  in 
such  clause. 

Ordered,  That  the  consideration  of  the  said  report  be  postponed.* 

It  was  accordingly  postponed,  and  ru  uuiCi  nouct  tukenof  it 
during  that  session. 

Thus  disappointed  of  that  public  aid  and  encouragement, 
which  such  an  undertaking  peculiarly  demanded,  a  ,d  the  wealth 
of  the  state  enabled  it  to  bestow,  I  resolved  to  devote  my  own 
private  funds,  the  proceeds  of  my  professional  labour,  to  the 
prosecution  of  this  object  ;  trusting,  that  when  the  nature  or  she 
institution  should  become  generally  known,  and  its  utility  more 
fully  ascertained,  it  would  receive  the  patronage  and  support  of 
the  public. 

Accordingly,  in  the  following  year,  1801,  I  purchased  of  the 
corporation  of  the  city  of  New-York  twenty  acres  of  ground, 
situated  on  the  middle  road,  between  Bioomingdaie  and  Kings- 
bridge,  and  distant  from  the  city  about  three  miles  and  an  half. 
The  view  from  the  mo^t  elevated  part  of  the  ground  is  variega- 
ted and  extensive,  and  the  soil  itself  of  that  diversified  nature  as 
to  be  particularly  adapted  to  the  cultivation  of  a  great  variety  of 
vegetable  productions. 

At  a  considerable  expense,  the  establishment  was  inclosed  by  a 
well  constructed  stone  wall  ;  the  ground,  though  originally  ex- 
ceedingly rough,  cleared  and  put  in  a  state  of  promising  cultiya- 
tion,  arranged  in  a  manner  the  best  adapted  to  the  different  kinds 
of  vegetables,  and  planted  agreeably  to  the  most  approved  stile 
of  ornamental  gardening  :  a  conservatory  for  the  preservation  of 
the  more  hardy  green  house  plants  was  also  erected. 

As  a  primary  object  of  attention  in  this  establishment  was  to 
collect  and  cultivate  the  native  plants  of  this  country,  especially- 
such  as  possess  medicinal  properties,  or  are  otherwise  useful, 
among  others,  such  gardeners  as  were  practically  acquainted  with 
our  indigenous  productions,  were  employed  to  procure  them,  and 
by  the  distinguished  liberality  of  several  scientific  gentlemen  in 
this  country,  I  had  in  cultivation  at  the  commencement  of  1805, 
nearly  fifteen  hundred  American  plants,  besides  a  considerable 
number  of  rare  and  valuable  exotics. 

The  expenses  necessary  to  effect  these  improvements,  espe- 
cially in  the  cultivation  and  arrangement  of  the  grounds,  and  in 
erecting  the  buildings,  being  greater  than  what  I  had  anticipated, 
and  being  somewhat  apprehensive  that  I  should  have  to  delay 


JoiirosI  <jf  Assembly,  23d  session,  p.  116. 


II 

such  farther  improvements  as  were  considered  essentially  neces- 
sary* I  made  application  to  the  legislature,  requesting  the  loan  of 
a  sum  of  mone\  for  the  purpose  of  enabling  me  to  execute  the 
plan  I  had  projected,  and  to  maintain  the  establishment.  The 
following  are  the  proceedings  of  the  senate  relative  to  the  me- 
morial presented,  and  the  report  of  the  committee  on  that 
occasion,  which  show  the  favourable  opinion  entertained  by 
the  committee,  as  well  as  the  unfavourable  result  of  my  appli-' 
cation. 

IN    SENATE. 

March  6th,  1805. 
A  petition  of  David  Hosack,  of  the  city  of  New- York,  praying  for  a  loan  of 
a  sum  of  money,  to  enable  him  to  maintain  a  botanical  garden  near  the  said. 
eity,  was  read,  and  referred  to  Mr.  Brett,  Mr.  Schenck,  and  Mr.  Johnson.* 

March  15th,  ISO 5. 

Mr  Brett,  from  the  committee  to  whom  was  referred  the  petition  of  David 
Hosack,  prof  ssor  of  botany  in  Columbia  College,  reported,  that  the  establish- 
ment of  a  botanical  garden  within  this  state,  will,  in  the  opinion  of  the  com- 
mittee, be  highly  useful  ;  for  while  to  the  students  of  medicine  it  affords  the 
means  of  acquiring'  information  in  a  science  intimately  connected  with,  and 
highly  useful  to  their  profession,  it  will  also  give  an  opportunity  of  making- 
experiments  upon  soils  and  manures,  upon  foreign  grains,  plants,  and  grasses, 
which  may  be  of  the  highest  importance  to  the  agricultural  interest  of  this 
state.  The  committee  have  been  informed  from  respectable  authority,  that 
the  memorialist  has  made  a  botanical  establishment  upon  a  scale  sufficiently 
extensive  to  form  a  useful  repository  for  plants  and  vegetables,  and  to  make 
the  necessary  botanical  and  agricultural  experiments,  and  has  hitherto  pur- 
sued it  with  a  zeal  and  ability  which  leaves  no  room  to  doubt  of  his  ultimate 
success.  The  committee  are  therefore  of  opinion,  that  such  an  institution 
well  deserves  the  patronage  of  the  public,  and  recommend  that  suitable  pro- 
vision be  made  by  law  to  assist  the  memorialist  in  the  further  prosecution  of 
his  plan  ;  that  they  had  prepared  a  bill  for  that  purpose,  and  directed  him  to 
move  for  leave  to  bring  in  the  same. 

Leave  being  given,  Mr  Brett  brought  in  the  said  bill,  entitled,  "  An  act  for 
tlie  support  of  a  botanical  garden  within  the  city  and  countv  of  New- York," 
which  was  read  the  first  time,  and  ordered  a  second  reading .-{- 

March  16th,  1805. 
The  bill,  entitled,  "  An  act  for  the  support  of  a  botanical  garden  within  the 
city  and  county  of  New-York,"  was  read  the  second  time,  and  committed  t» 
a  committee  of  the  whole. $ 

March  20th,  1805. 
Mr.  Burt,  from  the  committee  of  the  whole,  on  the  bill,  entitled,  "  An  act 
for  the  support  of  a  botanical  garden  within  the  city  and  county  of  New-York," 
reported  progress,  and  obtained  leave  to  sit  again.§ 


*  Journal  of  the  Senate,  28th  session,  p.  83. 
+  Jouroal  of  the  Senate,  2C;h  session,  p.  95. 
%  Journal  of  the  Sanata,28th  session,  p.  97. 
§  Journal  af  the  Senate.  2StU  session,  i>.  U:2. 


m 

The  house,  however,  "adjourned  without  further  attention  to 
this  bill. 

Upon  the  opening  of  the  next  session,  in  1806,  his  excellency 
governor  Lewis,  in  his  speech  of  the  28th  of  January,  delivered  to 
the  two  houses  of  the  legislature,  among  other  subjects,  which  he 
considered  worthy  of  their  consideration,  introduced  the  follow- 
ing observations  upon  the  advantages  to  be  derived  from  a  bo- 
tanic garden,  and  recommended  the  same  to  their  patronage  and 
support. 

"  Application  was  made  to  the  legislature  at  their  last  session,-  by  a  gen- 
tleman of  thecity  of  New-York,  for  "aid  in  the  support  of  a  Botanic  Garden, 
which  he  had  recently  established.  At  the  request  of  some  of  the  members,  I, 
in  the  course  cf  last  summer,  paid  it  two  visits,  and  am  so  satisfied  with  the 
plan  and  arrangement,  that  1  cannot  but  believe,  if  not  permitted  to  languish, 
it  will  be  productive  of  great  general  utility.  The  objects  of  the  proprietor 
are,  a  collection  of  the  indigenous,  and  the  introduction  of  exotic  plants, 
shrubs,  &c.  and  by  an  intercourse  with  similar  establishments,  which  are  ari- 
sing in  the  eastern  and  southern  states,  to  insure  the  useful  and  ornamental 
products  of  southern  to  northern,  and  of  northern  to  southern  climes.  In 
the  article  of  grasses,  I  was  pleased  to  see  a  collection  of  one  hundred  and 
fifty  different  kinds.*  A  portion  of  ground  is  allotted  to  agricultural  experi- 
ments, which  cannot  but  be  beneficial  to  an  agricultural  people  When  it  is 
considered  that  this  branch  of  natural  history  embraces  all  the  individuals  of 
the  vegetable  which  afford  subsistence  to  the  animal  world,  compose  a  large 
portion  of  the  medicines  used  in  the  practice  of  physic,  and  many  of  the  ingre- 
dients essential  to  the  useful  aits,  its  utility  and  importance  is  not  to  be  ques- 
tioned. But  in  a  country  young  as  ours,  the  experimental  sciences  cannot  be 
expected  to  arrive  at  any  degree  of  excellence  without  the  patronage  and 
bounty  of  government ;  for  individual  fortune  is  not  adequate  to  the  task."f 

PROCEEDINGS  OF  THE  LEGISLATURE. 

In  Senate,  January  30th,  1806. 
Resolved,  That  Mr.  Tredwell,  Mr.  L'Hommedieu  and  Mr.  Graham,  be  a 
committee  to  take  into  consideration,  and  report  upon  that  part  of  his  excel- 


*  For  th 
seme  in 


the  information  of  those  who  may  be  unacquainted  with  the  meaning  cf  the  term,  in  the 
which  it  is  made  use  of  by  botanists,  and  as  it  v  as  employed  by  Tiis  excellency,  I  subjoin  the 
following  iiava"-rai>bs,  extracted  from  a  communication  in  the  Morning  Chronicle,  of  February  24th, 
130P,  and  which  at  the  same  lime  express  the  favourable  opinion  entertained  upon  toft  subject  by 
its  learned  author,  Dr.  Hugh  Williamson.  •  .  '  . 

"  I  ofcst  rve  that  the  governor,  in  his  speech  to  the  assembly,  refers  to  a  great  variety  ot  grasses  that 
are  cultivated  in  the  "botanic  garden  near  this  city.  I  presume  that  the  governor  uses  the  term 
grass  as  botanists  always  do.  Oats,  rye,  barley,  rice,  and  wheat,  in  the  language  of  botanists,  are 
only  different  kinds  of  grass  ;  and  it  is  sincerely  to  be  wished,  as  every  fanner  will  admit,  that  we 
could  find  a  variety  of  the  grass  called  wheat,  that  would  elude  tlx-  malice  ot  the  Hessian  fly.  The 
varieties  of  wheat  are  infinite,  and  I  deem  it  not  improbable  that  we  shall,  on  some  occasion,  make 
But  a  complete  collection  would  be  made  at  a  Considerable  expense.    It  is  by 


'  "  Although  it  might  be  expected  that  the  citizens  of  New- York  would  give  their  support  to  a  bo? 
tame  garden,  as  one  of  the  means  by  which  they  may  promise  themselves  a  constant  supply  ot  aide 
and  well  instructed  physicians  without  the  expense  of  a  foreign  education,  and  one  o.  the  means  by 
which  our  medical  school  may  take  the  lead  of  the  several  oilier  schools  on  the  continent,  it  is  not  to 
be  supposed  that  farmers  in  general,  our  fellow  citizens  through  the  state,  will  refuse  their  assistance 
innromoting  such  an  institution.  They  are  interested  on  many  accounts." 
+  .To'frnai  of  ilie  Senate.  29th  session, -p.  8. 


IS 

lency  the  governor's  speech,  which  relates  to  a  botanic  garden,  in  the  vicinity 
of  New- York.* 

February  1st,  1806. 
A  memorial  of  David  Hosack,  professor  of  botany  and  materia  medica,  in 
Columbia  College,  in  the  city  of  New- York,  praying  legislative  aid  in  improving 
a  certain  botanic  garden,  which  he  alleges  he  has  at  great  expense  com- 
menced, was  read  and  referred  to  the  committee  appointed  to  take  into  con- 
sideration and  report  upon  that  part  of  his  excellency  the  governor's  speech 
which  relates  to  a  botanic  garden. j- 

February  10th,  1805. 
Mr.  Tredwell,  from  the  committee  appointed  upon  that  part  of  his  excellen- 
cy the  governor's  speech,  relative  to  a  botanic  garden,  and  to  whom  was  re- 
ferred the  memorial  of  David  Hosack,  professor  of  botany  and  materia  medica, 
in  Columbia  Colleg-e,  reported,  that  in  their  opinion,  the  study  of  botany, 
as  a  branch  of  science,  is  highly  useful  and  necessary.  That  the  committee 
are  informed  that  the  memorialist,  David  Hosack,  as  professor  of  botany,  hath 
for  a  number  of  years  past  given  lectures  in  that  science  to  the  students  of 
Columbia  College,  without  receiving  any  compensation  therefor  from  that  in- 
stitution, the  funds  of  which,  as  the  committee  understand,  are  not  sufficient 
for  that  yjurpose.  That  the  said  David  Hosack,  as  the  committee  are  inform- 
ed, hath,  at  very  considerable  expense,  established  a  botanic  garden  upon  a 
very  extensive  scale,  and  hath  devoted  it  to  the  purpose  of  instructing  stu- 
dents in  the  science  of  botany.  That  the  legislature  of  this  state  hath,  for  a 
number  of  years  past,  given  to  the  professor  of  anatomy  in  Columbia  College 
an  annual  allowance  to  compensate  him  for  anatomical  preparations,  which  he 
had  already  procured,  and  to  enable  him  still  further  to  extend  his  collec- 
tions. That  the  committee  are  of  opinion,  that  it  would  be  proper,  as  far  as 
is  consistent  with  the  present  funds  of  this  state,  also  to  aid  the  instruction  of 
students  in  the  science  of  botany,  and  they  would  therefore  recommend  that 
an  annual  allowance  be  for  that  purpose  made  to  the  said  David  Hosack,  as 
professor  of  that  science  in  Columbia  College  ;  they  have  accordingly  prepa- 
red a  bill  to  that  effect,  and  had  directed  their  chairman  to  move  for  leave  to 
bring  in  the  same.  Leave  being  given,  Mr.  Tredwell  brought  in  the  said  bill, 
entitled,  "  An  act  for  the  support  of  a  professor  of  botany  in  Columbia  Col- 
lege," which  was  read  the  first  time,  and  ordered  a  second  reading.^ 

February  12th,  1806. 
Mr.  Adriance,  from  the  committee  of  the  whole,  on  the  bill,  entitled,  "  An 
act  for  the  support  of  a  professor  of  botany  in  Columbia  College,"  reported, 
that  the  committee  had  gone  through  the  bill,  and  agreed  to  the  same  without 
amendment,  which  he  was  directed  to  report  to  the  senate,  and  he  read  the 
report  in  his  place,  and  delivered  the  same  in  at  the  table,  where  it  was  again 
read,  and  agreed  to  by  the  senate. 

Ordered,  That  the  bill  be  engrossed-§ 

February  13th,  1806. 
The  engrossed  bill,  entitled,  "  An  act  for  the  support  of  a  professor  of  bo- 
tany- in  Columbia  College,"  was  read  the  third  time. 
Resolved,  That  the  bill  do  pass. 


*  Journal  of  the  Senate,  29th  session,  p.  11. 
t  Journal  of  the  Senate,  29th  session,  p.  21. 
t  Journal  of  the  Senate,  29th  session,  p.  35. 
5  Journal  ef  the  Senate.  29th  session. p.  40. 


14 

Ordered,  That  the  clerk  deliver  the  said  bill  to  the  honourable  the  assem  -. 
bly,  and  request  their  concurrence  to  the  same.* 

In  Assembly,  February  loth,  1806. 

A  message  from  the  honourable  the  senate,  delivered  by  their  clerk,  with 
the  bill  therein  mentioned,  was  read,  informing,  that  the  senate  have  passed 
the  bill,  entitled,  "  An  act  for  the  support  of  a  professor  of  hotany,  in  Colum- 
bia College  ;"  to  which  they  request  the  concurrence  of  this  house. 

The  said  bill  was  read  the  first  time,  and  ordered  a  second  reading.-}- 

February  litli,  1806. 
The  bill,  entitled,  "  An  act  for  the  support  of  a  professor  of  botany,  in  Co- 
lumbia College  ;"  was  read  the  second  time,  and  committed  to  a  committee  of 
the  whole  house. t 

Notwithstanding  the  favourable  sentiments  that  had  been  ex- 
pressed upon  this  subject,  by  governor  Lewis,  at  the  opening  of 
the  session  ;  and  that  a  bill  for  the  support  of  the  botanic  gar- 
den had  passed  the  senate,  and  in  the  lower  house  had  been 
referred  to  a  committee  of  the  whole  ;  the  session  ended  without 
any  other  notice  of  this  subject. 

I  still,  however,  did  not  abandon  the  hope  of  ultimately  ob- 
taining legislative  aid,  and  therefore  continued,  as  before,  my 
exertions  to  increase  the  collection  of  plants  which  I  had  begun, 
and  to  extend  the  improvements  for  their  preservation.  Accord- 
ingly, in  1806, 1  obtained  from  various  parts  of  Europe,  as  well 
as  from  the  East  and  West- Indies,  very  important  additions  to 
my  collection  of  plants,  especially  of  those  which  are  most  valu- 
able as  articles  of  medicine.  I  also  erected  a  second  building 
for  their  preservation,  and  laid  the  foundation  of  a  third,  which 
was  completed  the  following  year.  In  the  autumn  of  the  same 
year,  1806,  I  published  a  Catalogue  of  the  plants,  both  native 
and  exotics,  which  had  been  already  collected,  amounting  to 
nearly  2000  species. 

The  expenses  necessary  to  effect  these  several  objects,  it  will 
readily  be  supposed,  were  not  inconsiderable.  I  had  now  erect- 
ed, on  the  most  improved  plan,  for  the  preservation  of  such 
plants  as  require  protection  from  the  severity  of  our  climate, 
three  large  and  well  constructed  houses,  exhibiting  a  front 
of  one  hundred  and  eighty  feet,  and  which  experience  has  shown 
are  well  calculated  for  the  purposes  for  which  they  were 
designed.  The  greater  part  of  the  ground  was  brought  to  a  state 
of  the  highest  cultivation,  and  divided  into  various  compart- 
ments, calculated  not  only  for  the  instruction  of  the  student  of 


*  Journal  of  the  Senate,  2?th  session,  p.  41. 
+  Journal  of  tiie  Assembly,  29th  session,  p.  102. 
$  Journal  of  Ike  Assembly,  2S9i  session,  u,  104. 


15 

botany  and  medicine,  but  also  made  subservient  to  agriculture 
and  the  arts.  The  whole  establishment  was  enclosed  by  a  stone- 
wall, two  and  an  half  feet  in  breadth,  and  seven  and  an  half  feet 
high.  Add  to  all  this  the  great  loss  of  interest  which  I  had  to 
sustain,  inasmuch  as  the  establishment  and  improvements  of  the 
institution  could  not  be  considered  as  an  active  capital ;  the  ex- 
penses necessary  for  the  preservation  of  what  had  already  been 
done,  the  additional  costs  for  the  continual  increase  in  the  num- 
ber of  plants,  particularly  of  those  imported  from  abroad,  though 
in  this  respect  I  was  liberally  aided  by  the  contributions  of  my 
friends,  both  in  Europe  and  in  the  East  and  West- Indies  ;  and 
the  high  price  of  the  manual  labour  indispensably  necessary  for 
the  progressive  improvement  of  the  institution. 

Finding  my  expenses  for  these  several  purposes  far  exceed  the 
calculations  I  had  formed,  and  that  they  were  more  than  prudence 
would  justify,  especially  with  an  increasing  family  of  children, 
and  being  still  desirous  of  perpetuating  the  benefits  of  this  insti- 
tution, I  at  once  resolved  to  offer  the  whole  establishment  for 
sale  to  the  state,  at  a  fair  and  equitable  valuation.  It  will 
evidently  appear,  from  the  facts  which  have  been  already  stated, 
that  it  was  not  my  original  design  to  dispose  of  this  property 
during  my  life  ;  yet  I  ever  entertained  the  opinion  that  when  I 
should  cease  to  occupy  it,  that  either  the  state,  the  university, 
or  the  medical  schools,  to  whose  use  it  had  been  devoted,  would 
probably  become  the  purchasers  of  this  establishment.  And  I 
have  no  hesitation  further  to  add,  that  under  the  impression  of 
thus  rendering  it  permanently  useful  to  the  community,  many 
improvements  were  made,  and  upon  a  more  extensive  scale  than 
I  should  have  otherwise  introduced.  In  these  additional  expen- 
ses, I  also  considered  myself  justified  by  the  rapid  rise  and  in- 
crease in  the  value  of  property  in  the  vicinity  of  the  city. 
But  finding  my  expenses,  at  the  end  of  the  year  1807,  to  exceed 
the  amount  I  originally  contemplated  ;  I  determined  to  make  an 
application  to  the  state,  in  the  manner  before  mentioned.  Ac- 
cordingly I  presented  a  memorial  to  the  legislature,  on  the  5th\ 
of  April,  1808. 

In  Assembly,  April  5th,  1808. 
The  memorial  of  David  Hosack,  of  the  city  of  New-York,  praying  the  legisr 
latureto  purchase  his  botanic  garden,  near  the  said  city,  and  give  him  in  pay- 
ment therefor  such  public  lands  of  the  state,  as  they  may  deem  proper,  was 
read,  and  referred  to  a  select  committee,  consisting  of  Mr  Broadhead,  Mr. 
Wilioughby,  Mr.  Huntington,  Mr.  M'Whorter,  Mr.  Crosby,  and  Mr.  DeWitt.* 


*  JOutm!  of  tie  Assembly,  31st  session,  p.  39' 


16 

Jtpril  7  th,  1808. 

Mr.  Broadhead,  from  the  committee  to  whom  was  referred  the  memorial  of 
Doctor  David  Hosack,  of  the  city  of  New-York,  reported, 

That  the  establishment  of  a  botanic  garden,  in  the  vicinity  of  the  city  of 
New-York,  upon  the  extensive  scale  adopted  by  Doctor  Hosack,  is  highly 
honourable  to  the  founder  ;  and  its  continuance  and  improvement  must  be  de- 
sirable to  a  community  which  justly  appreciates  and  duly  cherishes  science 
and  the  useful  arts. 

The  committee  regret  that  this  subject  was  not  communicated  to  the  legis- 
lature at  an  earlier  period  of  the  session,  that  it  might  have  received  that  de- 
liberate attention  which  its  importance  justly  merits.  At  this  late  hour  the 
introduction  of  a  bill  would  be  useless.  But  the  committee  believing  that  a 
future  legislature  may,  on  a  full  investigation,  accept  the  proposition  oi  the 
memorialist,  respectfully  submit  the  following  resolution  : 

Resolved,  (If  the  honourable  the  senate  concur  herein,)  That  leave  be  given 
to  Dr.  David  Hosack,  to  present  to  either  house  of  the  legislature,  at  their 
next  session,  a  bill  relative  to  his  botanic  garden,  near  the  city  of  New- York. 

Ordered,  That  the  consideration  of  the  said  resolution  be  postponed  until 
to-morrow. 

The  House  adjourned,* 

Encouraged  by  the  preceding  resolution,  proposed  in  the  as- 
sembly, at  the  close  of  their  session,  I  presented  the  following 
memorial  at  the  opening  of  the  legislature  in  1 809  : 

To  the  honourable  the   Senate  and  Assembly  of  the  state  of  JVeio-York — The 

memorial  of  David  Hosack,  physician  of  the  city  of  JVew-York — Respectfully 

sheweth, 

That  your  memorialist,  impressed  with  the  importance  of  an  institution, 
in  which  the  students  of  medicine  might  have  an  opportunity  of  acquiring 
a  knowledge  of  plants,  and  their  medicinal  qualities,  and  desirous,  thereby, 
of  increasing  the  celebrity  of  his  native  state  for  medical  instruction,  he  im- 
mediately, upon  his  appointment  to  the  professorship  of  botany,  resolved  to 
institute  such  an  establishment,  not  doubting  that  when  the  same  might  be 
accomplished  and  rendered  useful  to  the  students  of  medicine,  resorting  t» 
this  city  for  instruction,,  that  it  would  receive  a  liberal  patronage  from  the 
public. 

That  under  these  impressions,  your  memorialist,  eight  years  ago,  purchas- 
ed in  an  advantageous  situation  near  the  city  of  New-York,  twenty  acres  of 
ground,  which  he  has  employed  in  the  establishment  and  cultivation  of  a  bo- 
tanic garden  ;  in  which  he  has  collected,  from  our  own  and  foreign  countries, 
a  great  variety  of  those  plants  which  are  found  most  useful  in  medicine,, 
agriculture,  and  the  arts. 

That  for  the  preservation  of  those  exotic  plants  which  require  shelter,  he 
has  erected  a  spacious  green-house,  and  two  hot-houses,  which,  experience 
lias  shewn,  are  well  constructed,  and  calculated  to  accomplish  the  purposes 
for  which  they  were  designed. 

But  your  memorialist  with  pain  observes,  that  not  having  received  any  pub- 
lic aid  which  might  have  diminished  his  expenses,  he  is  compelled  to  abandon 
his  plan,  as  too  extensive  for  his  individual  resources,  and  more  so  than  com- 
ports with  the  duties  which  he  owes  to  a  rising  family. 

But,  desirous  of  seeing  this  institution,  the  first  of  the  sort  established  in 
the  United  States,  rendered  permanently  useful  by  being  connected  with  the 


Hkmsmm  ii  ■      m   ■ 


*  JouidsI  of  the  Assembly,  31st  session,  p.  414. 


17 

medical  schools  of  New-York,  your  memorialist  respectfully  offers  it  to  th^ 
state,  that  under  their  patronage  it  may  continue  to  be  made  productive  of 
those  advantages  originally  contemplated. 

Your  memorialist  need  scarcely  to  remark,  that  the  principles  and  the 
practice  of  medicine  are  so  intimately  connected  with  this  branch  of  natural 
history,  that  all  the  celebrated  medical  schools  and  universities  of  Europe 
have  found  it  necessary  to  establish  botanic  gardens  for  their  pupils,  and  to- 
which  our  youth  in  the  study  of  medicine  have  hitherto,  and  at  great  expense, 
been  compelled  to  resort  for  this  branch  of  medical  learning.       t 

It  is  equally  unnecessary  for  your  memorialist  to  remind  your  honourable 
body  of  the  various  important  national  benefits  such  an  establishment  would 
be  calculated  to  produce,  supported  by  public  munificence,  under  the  super- 
intendance  of  the  regents  of  the  university,  the  college  of  physicians  and  sur- 
geons, or  the  governors  of  the  New-York  hospital ;  more  especially,  as  the 
present  state  of  public  affairs  renders  it  necessary  to  cultivate  at  home  the 
means  of  affording  a  complete  system  of  medical  instruction.  These  circum- 
stances induce  your  memorialist  to  hope  and  believe,  that  the  legislature  will 
not  hesitate  to  purchase  this  establishment  for  the  benefit  of  the  state  ;  espe- 
cially as  the  terms  upon  which  it  is  offered  are  such,  that  the  state  can  expe- 
rience no  present  inconvenience,  or  future  loss,  by  the  purchase  of  the  same. 

With  this  view,  your  memorialist  proposes  to  sell  to  the  state  his  grounds, 
buildings,  and  collection  of  plants,  at  his  garden,  near  the  city  of  New- York, 
for  such  price  as  shall  be  ascertained  to  be  their  fair  and  just  value,  by  com- 
missioners to  be  appointed  by  law  for  that  purpose ;  the  same  to  be  paid 
whenever  the  state  may  find  it  convenient  so  to  da ;  in  the  mean  time  paying 
an  interest  of  six  per  cent,  per  annum. 

DAVID  HOSACK. 

New-York,  February ■  4th,  1809. 

This  memorial  was  followed  by  one  from  the  faculty  of  physic 
of  Columbia  College,  and  by  another  from  the  medical  society 
of  the  city  and  county  of  New- York  ;  the  members  of  which 
associations  expressed  their  unwillingness,  that  an  institution 
which  they  considered  so  valuable  and  useful  as  a  botanic  garden, 
should  be  lost  to  the  public,  and  therefore  solicited  the  purchase 
of  the  same  by  the  state.  The  governors  of  the  New-York 
hospital,  being  apprised  of  my  application  to  the  legislature,  and 
desirous  of  preserving  and  extending  the  benefits  of  the  medical 
school,  took  occasion  in  their  annual  report,  to  notice  the  im- 
portance of  the  botanical  garden,  and  to  express  their  wishes  that 
it  might  be  preserved  as  necessary  to  complete  the  system  of 
medical  instruction.  The  members  of  the  college  of  physicians 
and  surgeons  also,  in  their  annual  report  to  the  regents  of  the 
university,  expressed  their  sentiments  upon  the  importance  of 
this  subject  as  they  had  done  on  the  preceding  year,  though 
much  more  at  length,  as  appears  in  the  following  extract  from 
their  report. 

Extract  from  the  report  to  the  Regents,  dated  olst  January,  1809. 
"  It  would  be  unnecessary  to  offer  to  the  regents   any  observations  on  the 
advantages  of  cultivating  the  knowledge  of  botanv  in  this  state.    The  radical" 


18 

connection  of  th'i3  science  with  the  progress  of  agriculture,  and  its  tendency; 
by  exploring  and  multiplying  the  production  of  our  soil,  to  increase  the  wealth 
of  the  community,  and  to  extend  the  independence  of  the  nation,  are  too 
important  to  be  overlooked  by  a  wise  government.  Since  the  present  obstruc- 
tions of  commerce,  many  medicinal  articles,  belonging  to  the  vegetable  class> 
which  are  of  indispensable  use  in  diseases,  and  which  might  be  readily  pro- 
duced in  this  country,  have  become  so  scarce,  and  so  exceedingly  enhanced 
in  price,  as  to  create  apprehensions  with  respect  to  the  sufficiency  of  future 
supplies.  Another  inducement  to  patronise  botany  in  this  state,  might  pro* 
perly  be  drawn  from  the  liberal  encouragement  offered  to  the  cultivation  of 
that  science  in  several  of  our  sister  states,  iind  from  the  absolute  necessity  of 
such  encouragement  to  the  support  of  an  establishment,  which  is  always 
unavoidably  expensive.  An  enterprising  and  public  spirited  botanist  of  this 
city,  Dr.  Hoaack,  has,  at  great  expense,  purchased  and  cultivated  a  piece  of 
ground,  for  the  purpose  of  a  botanic  garden  ;  which  might  easily  be  rendered 
subservient  to  the  promotion  of  this  important  object." 

The  legislative  proceedings  upon  this  application  for  the  pur- 
chase of  the  botanic  garden,  I  copy  from  the  printed  Journal 
of  the  Assembly,  to  which  branch  of  the  legislature  the  consi- 
deration of  the  subject  was,  in  that  year,  confined* 

In  Assembly,  March  1st,  1809. 
The  memorial  of  David  Hosack,  of  the  city  of  New- York,  praying  the  le- 
gislature to  purchase  his  botanic  garden,  near  the  said  city,  on  the  terms 
therein  mentioned,  was  read,  and  together  with  the  petition  of  the  medical 
society  of  the  city  and  county  of  New-York,  referred  to  a  select  committee, 
consisting  of  Mr.  German,  Mr.  Willoughby,  Mr.  J.  Van  Rensselaer,  Mr.  Da- 
vis, and  Mr.  Barnes.* 

March  2d,  1809. 

Mr.  German,  from  the  committee  to  whom  was  referred  the  memorial  of 
David  Hosack,  of  the  city  of  New-York,  physician,  together  with  that  of  the 
medical  society  of  the  city  and  county  of  New-York,  reported  as  follows, 
to  wit : 

That  the  memorialist,  about  eight  years  ago,  being  professor  of  botany  in 
Columbia  Colleg-e,  purchased  twenty  acres  of  land,  and  established  a  botanical 
garden  in  the  vicinity  of  New-York,  at  his  own  expense  ;  and  with  the  lauda- 
ble view  of  affording  to  the  students  under  his  charge  an  ample  opportunity 
of  improvement  by  the  inspection  of  various  medicinal  and  other  plants,  a 
knowledge  of  which  is  intimately  connected  with  the  science  of  medicine  ;  he 
lias,  at  great  expense,  imported  from  different  parts  of  the  world,  a  great  va- 
riety of  plants  ;  for  the  preservation  of  those  coming  from  a  milder  climate, 
he  has  been  under  the  necessity  of  erecting,  on  a  large  and  extensive  scale, 
both  green  and  hot-houses,  and  to  employ  several  persons  of  skill  in  attending 
to  their  cultivation  ;  he  has  likewise  collected  a  variety  of  plants  from  differ- 
ent parts  of  the  United  States,  usjsful  in  agriculture,  as  well  as  medicine;  so 
arranged  as  to  afford  an  opportunity  of  making  many  useful  experiments  ; 
the  whole  is  in  good  order  ;  the  ground  well  selected  and  valuable.  The- 
medical  society  of  the  city  and  county  of  New-York,  the  college  of  physicians 
and  surgeons,  the  faculty  of  physic  in  Columbia  College,  and  the  governors  of 
the  New-York  hospital,  all  approve  of  the  establishment,  express  their  opinion 
of  its  importance  and  public  utility,  and  recommend  its  purchase  by  the 


Journal  ef  the  Assembly.  32d  session,  p-  23§. 


state,  as  the  only  means  of  protecting'  and  supporting  it,  as  it  is  too  extensive 
and  expensive  to  be  supported  from  the  funds  of  any  individual. 

It  is  a  fact  that  most  of  the  enlightened  governments  of  Europe  have  sup- 
ported extensive  botanical  establishments,  as  intimately  and  necessarily  con- 
nected with  the  science  of  medicine,  to  which  the  youth  of  our  country,  desi- 
rous of  completing  their  professional  education,  have  been  obliged  to  resort. 
Experience  proves,  that  every  country  furnishes  many  plants  peculiarly  adapt- 
ed to  the  cure  of  diseases  incident  to  its  climate  ;  and  there  is  therefore 
reason  to  believe,  that  if  fair  experiments  were  made,  we  should  in  a  consider- 
able degree  be  relieved  from  our  dependence  on  foreign  countries  for  our  ne- 
cessary medicines,  an  event  desirable  at  all  times,  but  more  peculiarly  so  at 
the  present. 

The  legislature  of  this  state,  with  a  spirit  and  zeal  worthy  an  enlightened 
and  patriotic  people,  have,  on  many  occasions,  fostered,  encouraged,  and  pro- 
tected the  education  of  our  youth ;  and  certainly  no  branch  of  learning  is 
more  important,  and  more  peculiarly  entitled  to  national  patronage,  than  the 
science  of  preserving  life  and  health.  Your  committee  state,  with  pleasure, 
that  this  is  the  first  establishment  of  the  kind  ever  attempted  in  the  United 
States  ;  but  that  unless  patronised  by  the  government,  its  utility  to  the  state 
will  be  entirely  lost  As  the  legislatures  of  several  states  have  already  ap- 
propriated large  sums  for  the  support  of  similar  establishments,  and  connect- 
ed ihem,  in  a  spirit  of  wisdom,  with  their  colleges,  this  state  is  confessedly 
the  first  in  the  union,  in  point  of  wealth  and  commercial  importance,  and  it 
would  afford  cause  of  regret  did  she  not  appropriate  a  portion  of  her  wealth  in 
fostering  the  usefui  sciences. 

Your  committee  conceive  that  the  terms  of  sale  are  liberal,  and  that  no 
material  loss  can  be  sustained,  but  that  the  land  will  probably  increase  in 
value,  equal  to  the  interest  of  the  purchase  money :  and  your  committee  are 
therefore  of  opinion  that  the  prayer  of  the  memorialists  ought  to  be  grant- 
ed, and  that  the  memorialist  have  leave  to  present  a  bill  for  that  purpose. 

Ordered,  That  leave  be  given  to  present  such  bill. 

Mr.  German,  in  behalf  of  the  petitioner,  brought  in  the  said  bill,  entitled, 
"  An  act  for  promoting  medical  science  in  the  state  of  New-York,"  which  was 
read  the  first  times  and  ordered  a  second  reading* 

March  3d,  18Q9. 

The  bill,  entitled,  "  An  act  for  promoting  medical  science  in  the  state  of 
New- York,"  was  read  a  second  time,  and  committed  to  a  committee  of  the 
whole  house.f 

The  house  then  resolved  itself  into  a  committe  of  the  whole,  on  the  bill,  en- 
titled, "  An  act  for  promoting-  medical  science  in  the  state  of  New-York," 
and  after  some  time  spent  thereon,  Mr.  Speaker  resumed  the  chair,  and  Mr. 
S.  Barker,  from  the  said  committee,  reported,  that  in  proceeding  on  the  said 
bill,  and  after  the  same  had  been  read  in  the  committee,  the  first  enacting 
clause  thex-eof  was  again  read,  in  the  words  following,  to  wit : 

lie  it  enacted  by  the  people  of  the  state  of  New-York,  represented  in  senate 
and  assembly,  That  John  Broome,  De  Witt  Clinton,  and  Matthew  Clarkson,  or 
any  two  of  them,  shall  be,  and  are  hereby  appointed  commissioners  to  examine 
the  lands,  fences,  houses  of  every  kind,  and  all  and  singular  the  trees,  plants, 
shrubs,  and  their  appurtenances  and  utensils,  with  all  the  improvements  as 
they  shall  be  shewn  to  the  said  commissioners,  or  any  two  of  them,  commonly 
called  Elgin,  near  the  city  of  New-York,  belonging  to  the  said  David  Hosack, 
being  the  grounds  purchased  by  him  of  the  corporation  of  the  city  of  New- 


*  Journal  of  the  Assembly,  32d  session,  p.  244.  24#t 
t  Jortrnal  of  the  Assembly,  32d  session,  p.  246, 


20 

York,  and  to  make  a  fair  and  equitable  valuation  and  appraisement  thereof 
and  that  the  said  commissioners  do  make  a  full  description  thereof,  and  a 
.catalogue  of  the  trees,  plants,  and  shrubs,  and  certify  such  their  value  and 
appraisement  under  their  hands,  or  the  hands  of  any  two  of  them,  upon  oath 
to  be  made  by  them  or  any  two  of  them,  that  the  valuation  and  appraisement 
by  them  so  made  is  fair  and  equitable,  according  to  the  best  of  their 
judgments,  which  said  valuation  and  appraisement  shall  be  made  as  soon  as 
may  be. 

That  debates  were  had  thereon,  and  the  question  having-  been  put, 
whether  the  committee  would  agree  to  the  said  clause,  it  was  carried  in  the 
affirmative. 

That  the  yeas  and  nays  having  been  called  for  by  Mr.  R.  Van  Home,  se- 
conded by  Mr.  Mooney,  were  as  follows,  to  wit  : — Yeas  60 — Nays  20. 

Mr.  S.  Barker  further  reported,  that  the  committee  had  gone  through  the 
said  bill,  added  a  clause,  and  agreed  to  the  same,  which  he  was  directed  to 
report  to  the  house  ;  and  he  read  the  report  in  his  place,  and  delivered  the 
same  in  at  the  table,  where  it  was  again  read  and  agreed  to  by  the  house. 

Ordered,  That  the  bill  be  engrossed.* 

March  4th,  1809. 

The  engrossed  bill,  entitled,  "  An  act  for  promoting  medical  science  in  the 
state  of  New-York,"  was  read  the  third  time.     Thereupon, 

Mr.  Child  made  a  motion,  that  the  said  bill  should  be  recommitted  to  a 
committee  of  the  whole  house. 

Debates  were  had.  thereon,  and  the  question  having  been  put,  whether 
the  house  would  agree  to  the  said  motion,  it  was  carried  in  the  affirmative. 

The  yeas  and  nays  having  been  called  for  by  Mr.  Child,  seconded  by  Mr.  R. 
Van  Home,  were  as  follows,  to  wit :— Yeas  49 — Nays  37- 

Thereupon,  Ordered,  That  the  said  bill  be  recommitted  to  a  committee  of 
the  whole  house.y 

March  10th,  1809. 
Then  the  house  resolved  itself  into  a  committee  of  the  whole,  on  the  bill, 
entitled,  "  An  act  for  promoting  medical  science  in  the  state  of  New-York,'* 
and  after  some  time  spent  thereon,  Mr.  Speaker  resumed  the  chair,  and  Mr. 
Pond,  from  the  said  committee,  reported  progress,  and  asked  for  and  ob. 
tained  leave  to  sit  again.$ 

March  13th,  1809. 

The  house  then  resolved  itself  into  a  committee  of  the  whole,  on  the  bill, 
entitled,  "  An  act  for  promoting  medical  science  in  the  state  of  New-York," 
and  after  some  time  spent  thereon,  Mr.  Speaker  resumed  the  chair,  and  Mr. 
Pond,  from  the  said  committee,  reported,  that  in  further  proceeding  on  the 
said  bill,  the  first  enacting  clause  thereof,  w:*s  again  read. 

That  debates  were  had  thereon,  and  the  question  having  been  put,  whe- 
ther the  committee  would  agree  to  the  said  clause,  it  was  carried  in  the  af- 
firmative. 

That  the  yeas  and  nays  having  been  called  for  by  Mr.  R.  Van  Home,  se- 
conded by  Mr.  Fairlie,  were  as  follows,  to  wit : — Yeas  43— Nays  35- 

That  in  further  proceeding  on  the  said  bill,  the  third  enacting  clause  thereof 
was  again  read,  in  the  words  following,  to  wit : 


*  Journal  of  the  Assembly,  32d  session,  p.  252,  253.. 
'I"  Journal  of  the  Assembly,  32d  session,  p.  254. 
%  Jouxnal  of  the  Assembly,  32d  session,  p.  2S3. 


m 

And  be  it  further  enacted,  That  the  surveyor  general  shall  set  apart  and  de^ 
signate,  and  if  necessary,  cause  to  be  surveyed,  so  much  of  the  unappropriated 
lands  belonging  to  the  people  of  this  state,  as  upon  a  fair  and  equitable  valu-. 
ation  by  him  to  be  made,  shall  amount  to  the  same  sum  that  shall  be  express- 
ed in  the  certificate  of  the  aforesaid  commissioners  ;  and  the  said  surveyor- 
general  shall  give  to  the  commissioners  of  the  land  office,  an  accurate  de- 
scription of  the  lands  so  by  him  designated,  and  the  value  and  appraisement 
thereof  so  by  him  made  ;  and  it  shall  thereupon  be  the  duty  of  the  commis- 
sioners of  the  land  office,  and  they  are  hereby  authorised  to  grant  letters 
patent  to  the  said  David  Hosack,  his  heirs  and  assigns,  for  the  lands  so  de- 
signated and  appraised  by  the  surveyor-general,  in  full  compensation  of  the 
said  botanic  garden,  lands,  buildings,  and  improvements,  by  him  so  to  be  con- 
veyed to  the  people  of  this  state. 

That  debates  were  had  thereon,  and  the  question  having  been  put,  whether 
the  committee  would  agree  to  the  said  clause,  it  was  carried  in  the  af- 
firmative 

That  the  yeas  and  nays  having  been  called  for  by  Mr.  Cande,  seconded  by 
Mr.  Child,  were  as  follows,  to  wit  : — Yeas  43 — Nays  37. 

That  in  the  further  proceeding  on  the  said  bill,  Mr.  R.  Van  Home  made  a 
motion,  that  the  committee  should  rise,  report  progress,  and  ask  for  leave  to 
sit  again. 

That  debates  were  had  thereon,  and  the  question  having  been  put,  whether: 
the  committee  would  agree  to  the  said  motion,  it  passed  in  the  negative. 

That  the  yeas  and  nays  being  called  for  by  Mr.  R.  Van  Home,  seconded  by 
.Mr.  B.  Thompson,  were  as  follows,  to  wit  : — Nays  60 — Yeas  26. 

Mr.  Pond  further  reported,  that  after  the  committee  had  gone  through  the 
said  bill,  made  amendments,  filled  up  the  blanks,  and  agreed  to  the  title,  the 
question  was  put  whether  the  committee  would  agree  to  the  whole  bill,  and 
it  was  carried  in  the  affirmative. 

That  the  yeas  and  nays  having  been  called  for  by  Mr.  Kellogg,  seconded 
by  Mr.  Bishop,  were  as  follows,  to  wit : — Yeas  46 — Nays  40. 

Which  he  was  directed  to  report  to  the  house  ;  and  he  read  the  report  in 
his  place,  and  delivered  the  same  in  at  the  table,  where  it  was  again  read,  and 
agreed  to  by  the  house. 

Ordered,  That  the  bill  be  engrossed.* 

March  Uth,  1809. 

The  engrossed  bill,  entitled,  "  An  act  for  promoting  medical  science  in  the 
state  of  New-York,"  was  read  the  third  time. 

Mr.  Skinner  then  made  a  motion,  that  the  said  bill  should  be  recommitted 
to  a  committee  of  the  whole  house. 

Debates  were  had  thereon,  and  Mr.  Speaker  having  put  the  question, 
whether  the  house  would  agree  to  the  said  motion,  it  was  carried  in  the  af- 
firmative. 

The  yeas  and  nays  being  called  for  by  Mr.  Scott,  seconded  by  Mr.  Pond, 
were  as  follows,  to  wit : — Yeas  49 — Nays  36. 

Thereupon,  Ordered,  That  the  said  bill  be  recommitted  to  a  committee  of 
the  whole  house- 

The  house  then  resolved  itself  into  a  committee  of  the  whole,  on  the  bill, 
entitled,  "  An  act  for  promoting  medical  science  in  the  state  of  New-York,'' 
and  after  some  time  spent  thereon,  Mr.  Speaker  resumed  the  chair,  and  Mr. 
D.  Rogers,  from  the  said  committee,  reported,  that  after  the  committee  had 
gone  through  the  bill,  made  an  amendment  and  added  a  clause,  the  question 


*  J«Ui*al  ef  the  Assembly,  32d  session,  p.  293,  4, 5. 


was  'put,  whether  the  committee  would  agree  to  the  whole  bill,  and  it  passed 
in  the  negative. 

That  the  yeas  and  nays  haying  been  called  for  by  Mr.  Bishop,  seconded  by 
Mr.  H.  Bloom,  were  as  follows,  to  wit : — Nays  49 — Yeas  43. 

Which  he  was  directed  to  report  to  the  house  ;  and  he  re»d  the  report  in 
his  place,  and  delivered  the  same  in  at  the  table,  where  it  was  again  read. 

Thereupon,  Resolved,  That  the  bill  be  rejected.* 

Notwithstanding  the  very  favourable  sentiments  which  had 
been  expressed  in  the  report  of  the  committee  who  introduced 
the  bill,  and  the  able  support  which  the  bill  itself  received  from 
many  of  the  most  influential  members  of  the  house,  of  both  po- 
litical parties*  among  whom  may  be  mentioned  Mr.  Van  Vech- 
ten,  General  German,  Colonel  Van  Rensselaer,  Major  Fairlie, 
Mr.  Skinner,  Mr.  Sanford,  Mr.  Ross,  and  the  speaker  of  the 
house,  general  Wilkin,  the  bill  was  ultimately  lost  by  a  majority 
of  six  votes.  It  will  be  asked,  to  what  cause  is  this  failure  to 
be  ascribed,  after  so  many  and  repeated  expressions  of  the  gene- 
ral approbation  of  the  house.  I  answer,  to  misconceptions  re- 
lative to  the  value  of  the  property,  and  especially  of  the  plants, 
which,  agreeably  to  the  act  proposed  in  that  session,  were  to  ble 
included  in  the  valuation.  These  erroneous  impressions  had  the 
effect  of  changing  the  sentiments  of  a  few,  by  which  the  bill  was 
lost. 

I  should  now  have  proceeded  to  dispose  of  the  property  at- 
private  sale  ;  but  finding  that  the  failure  of  my  application  had 
created  strong  sensations  of  regret  among  many  gentlemen  of 
the  medical  profession,  as  well  as  of  others  who  feel  an  interest 
in  the  welfare  of  our  medical  school,  and  in  the  literary  reputa- 
tion of  the  state,  I  was  induced,  by  their  advice,  to  make  ano- 
ther appeal  to  the  legislature.  In  this  I  was  also  encouraged  by 
the  very  spirited  and  honourable  zeal  manifested  on  that  occa- 
sion by  the  president  and  members  of  the  medical  society  of  the 
county  of  New- York,  and  of  many  other  medical  societies 
throughout  the  state. 

To  Dr.  James  Tillary,  the  president  of  the  medical  society  of 
the  county  of  New-York,  great  obligations  are  due  from  me,  as 
well  as  from  the  medical  schools  of  our  city,  for  his  exertions  on 
that  occasion,  in  introducing  the  subject  to  the  attention  of  the 
society. 

Extract  from  Br.  Tillary's  address,  delivered  bifore  the  Medical  Society  of  the 
County  of  New-York,  at  a  meeting  of  the  Society,  held  on  the  2d  of  October, 
18G9. 

"  Permit  me,  gentlemen,  before  I  sit  down,  to  call  your  attention  for  a  mo- 
ment, to  a  subject  not  irrelevant  to,  but  intimately  connected  with,  the  interests 

*  Journal  of  the  Assembly,  32d  session,  p.  309, 10, 11. 


23 

of  our  profession;  I  mean  the  botanic  garden,  established  in  the  vicinity  of 
New-York.  Of  this  useful  establishment  it  were  small  praise  to  say,  that  it 
exceeds  anything  of  the  kind  ever  attempted  in  this  state,  or  perhaps  in  the 
United  States. — The  truth  is,  that  its  founder,  with  a  zeal  that  has  not  stooped 
to  narrow  or  niggardly  considerations,  but  which  has  almost  overleaped  the 
boundaries  of  prudent  calculation,  finds  the  ardour  of  his  pursuit  much  weak- 
ened by  the  constant  labour  and  expenses  still  necessary  to  uphold  and  extend 
this  undertaking.  An  individual,  who  like  Dr.  Hosack,  has  devoted  so  greaw 
a  proportion  of  his  time  to  an  object  of  acknowledged  importance  to  the  pub- 
lic interest,  and  which  might  have  been  employed  more  to  the  advantage  of 
his  family,  ought  not,  I  conceive,  to  be  suffered  to  deplore  the  consequences  ot 
unremitted  exertions  to  promote  the  cause  of  science  and  the  honour  of  his 
country. 

For  my  part,  gentlemen,  I  have  always  been  decidedly  of  opinion,  that  from 
the  day  he  found  the  botanic  garden  too  heavy  a  concern  for  the  time  and 
pocket  of  an  individual,  that  public  patronage  should  magnanimously  have  in- 
terfered to  lighten  the  burden.  But  such  interposition  I  hope  is  at  hand ;  and 
I  trust  that  the  legislature  of  the  state  at  their  next  session  will  generously 
interfere  and  finish  a  work  that  is  too  heavy  for  the  purse  of  a  private  citizen. 
That  a  portion  of  the  public  revenue  should  be  thus  employed  will  be  appa- 
rent from  the  following  considerations  :  to  which,  if  it  were  necessary,  others 
of  equal  cogency  might  be  added. 

The  chief  medical  education  of  our  youth  must  be  derived  from  this  city, 
where  colleges  and  professors  of  no  inferior  grade,  are  ready  and  able  to  un- 
lock those  treasures  of  science,  which  they  will  in  vain  look  for  in  any 
other  part  of  this  great  and  growing  state.  A  botanic  garden  is  essentially 
necessary  to  furnish  the  means  of  a  complete  system  of  medical  education. 
This  I  am  warranted  in  saying  by  referring  to  the  medical  universities  in  Eu- 
rope, none  of  which  claim  celebrity  without  such  an  institution.  Possessed, 
as  we  long  have  been,  of  able  teachers,  in  every  department  of  medical 
science,  of  an  extensive  public  hospital,  so  ricldy  endowed  and  so  discreetly 
conducted,  one  only  desideratum  was  a  botanic  garden  ;  one  which  owes  its 
design  and  execution  to  the  skill  and  superintcndance  of  some  competent  in- 
dividual, but  its  protection  to  the  public  sentiments,  and  its  provision  to  the 
public  purse.  Here  it  may  not  be  amiss  to  observe  to  you,  that  the  institution 
now  recommended  to  your  patronage,  has  the  honour  of  having  been  the  first 
ever  attempted  in  the  United  States.  The  praiseworthy  example  of  Dr  Ho- 
sack has  since  been  followed  elsewhere;  enlarged  views  on  this  subject  have, 
in  several  of  the  most  respectable  states,  produced  a  settled  conviction  that  it 
would  be  wise  to  provide,  without  loss  of  time,  for  this  desirable  object.  Ac- 
cordingly they  have  made  handsome  appropriations  for  a  botanic  garden,  in  the 
full  persuasion  that  its  national  advantages  are  not  confined  to  the  physician, 
but  extend  to  the  agriculturalist,  and  are  made  in  some  degree  subservient  to 
the  arts  which  comfort,  and  the  sciences  which  ennoble  mankind  Unless  a 
botanic  garden,  of  dimensions  befitting  national  views,  be  established  near 
this  city,  andsupported  at  the  public  expense,  Pennsylvania  will  inevitably  be- 
come, as  it  relates  to  the  states,  what  she  deserves  to  be,  if  we  cannot  rival  her, 
the  Edinburgh  of  America,  the  seat  of  science  and  chief  nursery  of  arts. 
Hence  it  will  follow,  that  our  students  will  be  compelled  to  quit  their  native 
state  to  seek  that  knowledge  abroad,  which  ought  to  be  provided  for  them  at 
home.  Lastly,  Gentlemen — It  ought  to  be  considered  by  every  friend  to  the 
real  dignity  of  professional  character,  by  every  patriotic  legislature,  that  few 
individuals  in  any  country  can  be  found  so  public  spirited  and  so  rich,  as  to 
support,  by  his  own  private  means,  such  an  establishment  on  a  respectable, 
much  less  a  national  scale.  What  then  have  we  to  do?  Tn  my  judgment, 
shortly  this:  Let  us  intreat  our  rich  and  intelligent  fellow-citizens,  to  use 
their  influence  with  the  legislature,  to  preserve ty  the  state,  the  benefits  of  this 


m 

iufant  establishment.  Let  us  by  the  most  effectual  means  within  our  power, 
individually,  as  well  as  aggregately,  call  on  every  class  of  the  community  to 
aid  in  this  reputable  effort ;  and  let  the  whole  combined  social  and  professional 
strength  of  the  country,  all  the  medical  societies  in  their  corporate  capacity, 
be  called  forth  to  unite  in  an  address  to  the  honourable  the  legislature,  on  this 
highly  interesting  subject.  The  medical  faculty  of  this  state,  from  their  num- 
bers, respectability,  and  just  influence  in  the  community,  are  entitled  (I  speak 
with  due  respect  of  the  constituted  authorities)  to  be  heard  by  their  repre- 
sentatives, and,  if  practicable,  to  be  gratified  in  a  case  like  this,  which  is 
neither  private  nor  personal,  but  one  of  great  and  general  concern.  Holding 
this  sentiment,  I  do  no  more  than  offer  a  fair  tribute  to  the  patriotism  and  dis- 
cernment of  our  public  guardians,  when  I  confidently  believe  they  will  not  be 
indifferent  to  a  proper  representation  on  this  very  important  subject." 

Whereupon,  it  was  resolved  unanimously,  that  the  thanks  of  this  society 
be  presented  to  the  president,  for  his  patriotic  and  eloquent  address,  and  that 
he  be  requested  to  address  a  Circular  letter  to  the  president  of  the  different 
county  societies  throughout  the  state ;  requesting  them  to  unite  with  this  so- 
ciety, in  addressing  the  legislature,  relative  to  the  botanic  garden,  and  in 
soliciting  them  to  purchase  the  same,  for  the  benefit  of  the  medical  schools  of 
this  city. 

(CIRCULAR.) 

Sir, 

At  a  late  regular  meeting  of  the  medical  society  of  the  county  of  New- 
York,  it  was  made  my  duty  to  communicate  to  you  their  unanimous  wish, 
that  the  medical  society  over  which  you  preside  would  co-operate  with  them 
in  presenting  to  the  legislature  at  their  next  session,  a  petition  soliciting  the 
purchase  of  the  botanic  g-arden,  established  in  the  vicinity  of  this  city.  Se- 
veral weighty  considerations  lead  us  to  desire  and  to  hope  that  from  the 
patriotism  of  that  honourable  body,  they  will  be  inclined  to  gratify  the  medi- 
cal faculty  of  the  state,  by  the  purchase  of  this  valuable  establishment. 

As  the  city  of  New- York  will  probably  be  the  resort  of  medical  students 
irom  different  parts  of  the  state,  we  naturally  anticipate,  that  while  they  are 
acquiring  enlarged  views  and  a  scientific  knowledge  of  the  vegetable  kingdom, 
they  may,  at  the  same  time,  be  the  happy  instruments  of  discovering  among 
the  native  treasures  of  our  country,  such  as  may  not  only  possess  useful  me- 
dicinal properties,  and  thus  subserve  the  practice  of  medicine,  but  those  also 
which  may  more  extensively  apply  to  the  general  good  of  the  community.  In 
this  manner  the  benefits  of  the  botanic  garden  will  probably,  in  a  very  few 
years,  extend  to  every  part  of  the  state,  and  diffuse  its  benignant  influence  to 
the  remotest  parts  of  our  wide  extended  country. 

It  is  scarcely  proper  to  remind  you,  sir,  on  this  occasion,  that  a  botanic 
garden  is  absolutely  necessary  to  complete  the  means  required,  for  attaining 
a  finished  medical  education.  You  will,  however,  permit  me  to  say,  that  on 
this  subject  there  is  no  difference  of  opinion  among  your  medical  brethren 
jn  New-York,  nor  will  there  be  any  jealousies  excited  in  consequence  of  the 
disposition  which  the  wisdom  of  the  legislature  may  judge  proper  to  make  of 
It.  For  if  they  determine  that  it  shall  remain  in  connection  with  the  medical 
schools  in  this  city,  the  advantages  will  remain  to  every  student  that  seeks 
instruction  in  the  metropolis.  Our  anxiety,  therefore,  to  preserve  this  elegant 
and  useful  establishment,  is  proportioned  to  the  disappointment  we  shall  feel 
if  th  e  legislature  do  not  interfere  and  secure  it  for  the  public  good  Should 
they  be  disinclined  to  listen  to  the  prayer  of  our  petition  on  this  interesting 
subject,  the  botanic  garden  must  inevitably  pass  into  other  hands  ;  for  we 
may  not  dissemble  the  fact,  that  the  proprietor,  Dr.  Hosack,  after  all  his 
exertions  to  retain  it,  finds  the  undertaking  not  only  too  heavy  for  his  private 
funds  to  support,  but  incompatible  with  the  duty  which  he  owes  to  a  rising 


25 

family.  For  these,  and  other  reasons  which  might  he  urged,  we  trust  tha,fc 
you  will  address  the  medical  society  over  which  you  preside,  on  this  import- 
ant topic,  and  we  also  hope  that  you  will  favour  us  as  soon  as  possible,  with 
such  resolutions  as  you  may  think  proper  to  express  respecting  it,  in  order 
that  we  may  come  forward  with  a  united  memorial  to  the  honourable  the 
legislature,  at  the  ensuing  session. 

I  have  the  honour  to  be, 

Sir,  vour  obedient  and  humble  servant, 

JAMES  TILLAttY, 
President  Jtfed.  Society.  C.  j\".  Y. 

At  an  extraordinary   meeting  of  the  medical  society  of  the 
county  of  NeAv- York,  held  on  the  13th  of  January,  1810. 

On  motion,  resolved,  that  this  society  do  renew  their  application 
to  the  legislature,  for  the  purchase  of  the  botanic  garden. 
Whereupon  the  following  memorial  to  the  legislature  was  react 
and  approved: 

To  the  Honourable  the  Legislature  of  the  State  of  J\'e-u>-Yorh,  in  Senate  and  si; - 
sembli] — The  respect  fid  Memorial  of  the  CMedical  Society  of  the  City  and  Coun- 
ty of  J\~ew-York  .- — Sheweth, 

That  they  are  informed  that  Dr.  Hosaclc,  proprietor  of  the  botanic  garden 
in  the  vicinity  of  this  city,  thinking  it  unjust  towards  his  family,  to  devote 
so  large  a  portion  of  his  time  and  property  to  an  object  solely  of  public  utili- 
ty, has  determined  to  dispose  of  that  establishment.  The  members  of  this 
society,  apprehensive  lest  an  institution  so  important  to  the  public  schools  of 
this  city,  and  the  community,  should  be  lost,  (or  its  benefits  transferred  to 
some  rival  city)  beg  leave  to  solicit  your  honourable  body  to  become  the 
purchasers  ;  that  it  may  continue  to  be  applied  to  the  s.ime  public  uses  for 
which' it  was  originally  intended,  in  the  patriotic  views  of  its  founder. 

Your  memorialists  beg  leave  to  state  to  your  honourable  body,  that  this  gar- 
den consists  of  about  twenty  acres  of  ground,  well- laid  out,  and  improved, 
and  conveniently  situated.  The  plants  are  of  great  number  and  variety,  from 
every  quarter,  with  suitable  buildings  for  their  preservation.  For  several 
years  past  the  students  in  medicine,  in  this  city,  have  derived  great  benefit 
from  this  garden,  which  the  liberality  of  the  owner  has  thrown  open  to  their 
researches  ;  and  your  memorialists  hope  your  honourable  body  will  notallov/ 
this  opportunity  to  escape,  of  making  it  a  permanent,  addition  to  the  medical 
schools  of  this  city,  to  which  the  youth  from  every  part  of  the  state  resort  to 
complete  their  education. 

Your  memorialists  beg  leave  to  suggest,  that  a  botanic  garden  is  not  onlr 
of  importance  to  the  students  and  professors  of  medicine,  but  also  greatly 
conducive  to  public  utility,  by  affording  the  means  of  experiments  to  as- 
certain the  properties  of  vegetable  productions,  as  well  of  native  as  of  fo- 
reign growth  ;  whence  very  important  discoveries  and  improvements  have 
been  made,  not  only  in  medicine,  bat  in  agriculture  and  manufactures,  now 
perhaps,  more  than  ever,  important  to  our  country.  Hence,  in  every  Euro- 
pean state  where  arts  and  sciences  are  extensively  cultivated,  an  institution 
of  this  kind,  founded  and  maintained  by  national  policy  and  munificence, 
makes  apart  of  the  system  of  public  education.  Some  of  our  most  wealthy 
states,  influenced  by  the  weight  of  these  considerations,  and  knowing  that 
individuals  will  not  incur  the  necessary  expense,  have  lately  made  appropria- 
tions of  large  funds  for  a  botanic  garden  connected  with  their  respective  col- 
leges ;  and  considering  the  riches,  extent  and  population  of  our  state,  and 


£6 

the  liberal  endowments  it  Las  already  made  for  public  schools,  and  semina- 
ries of  learning1,  your  memorialists  entertain,  a  confident  expectation  that 
your  honourable  body  will  find  this  acquisition  well  worthy  your  most  serious 
consideration. 

Your  memorialists  deem  it  their  duty  further  to  observe,  that  it  would  re- 
quire a  considerable  length  of  time,  at  any  future  period,  to  bring  any  new 
establishment  of  this  kind  to  the  same  degree  of  perfection  as  that  now  offer- 
ed ;  upon  which  the  proprietor,  with  a  zeal  and  public  spirit  highly  honour- 
able to  him,  has  employed  many  years  of  unremitting  attention,  besides  the 
considerable  expenses  he  must  necessarily  have  incurred.  They  believe  it 
may  be  relied  on,  that  the  gradual  rise  in  the  value  of  the  grounds,  from  the 
extension  of  the  city,  will  be  fully  equivalent  to  the  interest  of  the  purchase 
money,  and  that  under  proper  regulations  it  will  defray  its  own  annual  ex- 
penses. 

Your  memorialists  entreat  your  honourable  body  to  excuse  the  .  solicitude 
which  has  impelled  them  thus  earnestly  to  press  this  subject  upon  the  atten- 
tion of  the  legislature,  and  to  attribute  it  to  their  entire  conviction  of  its  im- 
portance, and  their  belief  that  it  is  not  probable  that  another  opportunity 
of  acquiring  any  similar  establishment  will  soon  again,  if  ever,  occur. 

Your  memorialists  therefore  respectfully  pray  your  honourable  body  to 
make  provision  for  the  purchase  of  this  property,  if  it  can  be  obtained  at  a  fair 
and  reasonable  valuation. 

By  order  and  in  behalf  of  the  Medical  Society  of  the  County  of  New-York. 
JAMES  TILLARY,  President  Med.  Society,  C.  JVt  Y. 

W.  W.  Buchanan,  M.  D.  Sec'ry  Med.  Society,  O.  N.  Y. 
New-York,  January  13th,  1810. 

On  motion,  That  whereas  the  securing  of  the  botanic  garden  to  the  medi- 
cal schools  of  this  state,  is  in  the  highest  degree  essential  to  the  literary  re- 
putation of  the  same,  and  intimately  connected  with  the  formation  of  medical 
science :  Resolved,  That  this  Society  request  the  co-operation  of  his  honour 
the  mayor,  and  the  honourable  the  corporation  of  this  city,  and  the  governors 
of  the  New- York  hospital,  in  petitioning  the  legislature  to  purchase  said  gar- 
den for  the  benefit  of  the  state. 

On  motion,  resolved,  That  a  committee  of  three  persons  be  appointed  to 
wait  on  the  honourable  the  corporation  and  governors  of  the  New- York  hospi- 
tal, to  solicit  their  co-operation  in  the  memorial  to  the  legislature  of  this  state 
respecting  the  botanic  garden. 

Whereupon,  Doctors  Post,  Miller,  and  Douglass,  were  nominated  a  com- 
mittee for  that  purpose. 

The  committee  accordingly,  on  the  15th  of  January,  waited 
upon  the  mayor  and  common  council,  when  the  following  resolu- 
tion was  adopted : 

City  of  New-York.    In  Common  Council,  15th  January,  1810. 

Resolved,  That  the  common  council,  fully  coinciding  with  the  medical 
society  of  this  city,  in  their  opinion  of  the  important  benefits,  resulting  to  the 
medical  profession  in  particular,  and  to  the  cause  of  science  in  general,  from 
the  botanical  establishment  of  Dr.  Hosack,  and  being  persuaded  that  the 
patronage  of  the  legislature  will  redound  to  the  public  advantage,  and  to  the 
honour  of  the  state,  do  most  cordially  and  most  respectfully  unite  with  the 
medical  society,  in  their  application  on  that  subject. 

By  the  Common  Council.  DE  WITT  CLINTON,  Mayor. 

J.  Morton,  Clerk. 


a? 


The  same  committee  applied  to  the  board  of  governors  of  the 
New-York  hospital,  at  their  meeting  held  on  the  16th  of  January. 
Whereupon  the  following  resolution  was  unanimously  agreed  to 
by  the  board : 

Jit  d  meeting  of  the    Governors  of  the  Ne-w-York  Hospital,  at  the  Hospital,  1st 
Month,  (~ January  J  16th,  1810. 

Resolved  unanimously,  That  the  governors  of  the  New-York  hospital  con- 
cur in  the  opinion  of  the  medical  society  of  this  city,  in  the  public  advantages 
resulting  from  the  botanical  garden,  established  by  Dr.  David  Hosack,  for  the 
promotion  of  medical  science ;  and  respectfully  unite  with  the  medical  soci- 
ety in  their  recommendation  of  that  establishment  to  the  patronage  of  the 
legislature. 

By  order  of  the  Governors, 

M.  CLARKSON,  President. 
Tho.  Buckley,  Secretary. 

Upon  the  same  occasion,  many  of  our  most  respectable  citizens 
expressed  their  solicitude  upon  this  subject,  by  co-operating  with 
the  preceding   public  bodies  in  manner  following : 

The  subscribers,  impressed  with  the  importance  of  the  botanical  institu- 
tion, established  by  Dr.  Hosack,  and  believing,  that  under  the  patronage  of 
the  state,  it  will  greatly  contribute  to  extend  the  usefulness  and  reputation  of 
the  medical  schools  of  New-York,  respectfully  unite  with  the  preceding  pub- 
lic bodies  in  soliciting  the  legislature  to  purchase  the  same,  if  it  can  be  obtain- 
ed at  a  fair  valuation. 


Brockholst  Livingston, 
John  Watts, 
Hu.  Williamson, 
John  Stevens, 
Nathaniel  Pendleton, 
Robert  Watts, 
Archibald  Gracie, 
Charles  Wilkes, 
Josiah  Ogden  Hoffman, 
Henry  Remsen, 
Nicholas  Fish, 
Jon.  Burrall, 
Samuel  Osgood, 
Cornelius  Dubois, 
John  R.  Livingston, 
Herman  Le  Roy, 
William  Edgar, 
Henry  Rutgers, 
Jno.  Beekman, 
Dom.  Lynch, 
JohnB.  Coles, 
Peter  Jay  Munro, 
Lynde  Catlin, 


William  Bayard, 
Amasa  Jackson, 
Cadwallader  D.  Colden, 
Caleb  S.  Riggs, 
Stephen  N.  Bayard, 
Nicholas  Romayne, 
Walter  Bowne, 
James  Fairlie, 
William  DenniHg, 
Robert  Bowne, 
Cornelius  Ray, 
John  A.  King, 
Benjamin  Moore, 
Samuel  Miller, 
John  B.  Romeyn, 
William  Moore, 
John  Henry  Hobart, 
Cornelius  I.  Bogart, 
John  Rodgers, 
Oliver  Wolcott, 
Rufus  King, 
Richard  Harison, 
Richard  Varick, 


William  Cutting, 
David  B.  Ogden, 
Martin  Hoffman, 
Nathan  Sanford, 
Thomas  Storm, 
John  Wells, 
Richard  Riker, 
William  Few, 
Silvanus  Miller, 
Levin  us  Clarkson, 
Peter  Gurtenius, 
Nic.  W.  Low, 
A.  Hammond, 
Garrit  Van  Home, 
John  Wilkes, 
Samuel  Bard, 
John  Johnston, 
William  Bard, 
Morgan  Lewis, 
Maturin  Livingston, 
Phillip  S.  Schuyler, 
J.  Rutsen  Van  Rensselaer, 


The  students  of  medicine  attending  the  medical  schools  which 
were  then  in  session,  feeling  a  deep  interest  in  the  success  of  the 


m 

applications  about  to  be  made  to  the  legislature,  also  prepared  a 
memorial  upon  the  same  subject,  as  follows  : 

To  the  honourable  the  Representatives  of  the  People  of  the  state  of  Neiv-Ynrk,  in 
Senate  and  Assembly  convened — The  Memorial  and  Petition  of  the  Student* 
attending  the  Medical  Schools  in  the  city  of  Mew-York — Respectfully  Shew- 
eth— 

That  your  memorialists  and  petitioners,  deeply  impressed  with  the  impor- 
tance of  a  regular  course  of  medical  education,  have  witnessed,  with  the 
greatest  satisfaction  and  gratitude,  the  exertions  which  have  been  made  by 
your  honourable  body  towards  completing  a  medical  establishment  in  this 
state.  Your  memorialists  chiefly  refer  to  the  several  acts  lately  passed  for 
that  purpose,  and  which  remain  on  the  records  of  the  state  as  lasting  monu- 
ments of  the  wisdom  and  paternal  solicitude  of  the  legislature  for  the  welfare 
of  the  community.  While  your  memorialists  thus  sincerely  express  their  sen- 
timents of  gratitude  for  the  liberality  which  has  already  been  displayed,  they 
take  the  liberty  of  suggesting,  that  this  subject  acquires  additional  impor- 
tance from  the  necessity,  at  this  time,  of  cultivating,  at  home,  the  means  of 
medical  instruction,  when  students  cannot  go  abroad  and  frequent  the  se- 
minaries of  Europe,  without  great  inconvenience  and  difficulty ;  and  they 
beg-  leave  to  represent,  that  a  botanic  garden  alone  is  wanting  to  esta- 
blish the  respectability  and  promote  the  utility  of  the  medical  schools  of 
this  city. 

That  a  knowledge  of  the  science  of  botany  is  indispensably  necessary  to  a 
medical  student  before  he  can  sustain  the  character  of  a  well-educated  physi- 
cian, is  a  truth  confirmed  by  the  practice  and  experience  of  every  celebrated 
i&fjhool  in  Europe.  Every  citizen  in  the  state  is  deeply  interested  in  the  pro- 
motion of  medical  knowledge ;  for  every  man's  life  is  in  danger  when  he 
chances  to  fall  into  the  hands  of  an  ignorant  physician.  It  has  been  alleged, 
and  the  opinion  is,  as  we  conceive,  well  founded,  that  "  every  country  pro- 
duces plants  which  are  antidotes  to  the  common  diseases  of  that  country." 
Such  being  the  case,  the  study  of  botany  is  of  singular  importance  to  a  medi- 
cal student  in  this  new  country,  the  vegetable  productions  of  which  are  not 
hitherto  sufficiently  explored. 

By  the  zealous  exertions  of  an  individual,  a  botanic  garden  has  been  esta- 
blished in  the  vicinity  of  this  city,  and  the  founder  of  it  has  generously  de- 
voted it  to  the  use  of  such  students  as  have  resorted  to  New- York  for  medical 
instruction.  This  institution  has  already  produced  the  most  beneficial  ef- 
fects. But  your  memorialists,  as  well  on  their  own  as  on  account  of  every 
medical  student  who  may  succeed  them  in  this  city,  deeply  lament  that  so 
excellent  an  establishment  is  in  danger  of  being  destroyed  or  converted  to 
other  uses  than  those  to  which  it  is  now  devoted.  If  that  should  take  place,  a 
valuable  and  extensive  collection  of  plants  would  doubtless  be  transferred  to  a 
rival  school  in  some  neighbouring  state,  and  we  should  hardly  expect  to  see 
another  botanic  garden  in  this  city. 

No  city  in  the  union  is  better  calculated  for  the  seat  of  a  great  medical 
school  than  New-York.  It  is  of  peculiarly  easy  access  by  water  from  other 
states.  Its  medical  professors  are  of  acknowledged  celebrity,  and  its  libe- 
rally endowed  public  hospital  affords  the  best  means  of  practical  information. 
An  extensive  botanic  garden  is  almost  the  only  thing  wanted  to  constitute  a 
school  of  medicine  superior  to  any  other  on  this  continent,  and  one  which  in  a 
few  years  would  vie  with  any  in  Europe. 

Considering  that  the  state  of  New-York  is  eminently  distinguished  by  its 
importance  and  resources,  your  memorialists  and  petitioners  earnestly  entreat 


tfiat  the  botanic  garden  already  prepared,  may  be  perpetuated  in  its  present 
form,  and  connected  with  the  medical  schools,  under  the  superintendence  oP 
the  executive  of  the  state,  or  of  the  regents  of  the  university,  or  such  other 
superintendence  as  to  your  wisdom  may  seem  best,  and  your  petitioners,  as  in 
duty  bound,  will  ever  pray. 


S.  A.  Walsh,  New-York, 

Wrh.-H.  Wilson,  Columbia  county, 

Richard  I.  Ludlow,  Essex,  N.  Jersey, 

Gideon  Leeds,  Fairfield  county,  Conn: 

Andrew  French,  New-Haven,         do. 

Charles  Winfitld,  Ulster  county, 

Isaac  Chichester,  Greene,       do. 

John  C.  Moeller,  Schoharie     do. 

Joseph  Odell,  Connecticut, 

"Walter  D.  Wheaton,  Rhode-Island, 

Chas.  Drake,  New-York, 

Jonathan  D.  Marvin,  Connecticut, 

Pearl  Crafts,  do. 

Thaddeus  D.  Austin,  do. 

Elijah  P  Fraring,  Massachusetts, 

Ja.  Hevon,  Orange  county, 

Jeremiah  B.  Pierce,  Rensselaer  county, 

Lemuel  Lee  Chester,  Connecticut, 

John  S.  Dany,  Morris  county,  N.  J. 

Benj.  B  Hewes,  New-York, 

Isaac  I.  Van  Voorhis,  Dutchess, 

John  Carpenter,  New-York, 

James  Ray,  do. 

Samuel  Dusenbery,  Westchester, 

Edward  N.  Bibby,  New-York, 

Francis  E.  Boyer,  do. 

Benj.  A.  Akerly,  do. 

Alexander  M.  Montgomery,  do. 

Peter  Van  Arsdale,  do. 

David  Long,  jun.  Washington  county, 

Josiah  Torrey,  New-York, 

Samuel  Voorhees,  Montgomery  county, 

Samuel  Maxwell,  Saratoga  do. 

William  G.  Hopkins,  Westchester  de. 

James  Wilson,  Steuben  do, 

John  W.  Francis,  New-York, 

Peter  H.  Cole,  do. 

James  Farelteer,  jun. 

Wm.  Goldin,  New-York, 

Gamaliel  Wheeler,  do. 

Robt.  M.  Livingston,  do. 

Robt.  M.  Barclay,  Orange  county. 


Delos  White,  Otsego  county, 
Robt.  Morrell,  Queens     do. 
Edward  Post,  New-York, 
John  C.  Cheesman,  do. 
H.  Holmes,  do. 

Theo.  Romeyn  Beck,  Albany  county, 
Egbert  Carv,  Dutchess  do. 

Joseph  M.  Smith,  Westchester, 
Robert  C.  Hunter,  Orange  county, 
John  T.  Jansen,  Ulster  do. 

John  P.  Lewis,  New-Jersey, 
Richard  Sill,  Washington  county, 
Daniel  Hatfield,  Westchester  do. 
Asa  Coltrin,  Niagara  do. 

Jas.  M.  Henderson,  North-Carolina, 
Gardner  Wells,  Montgomery  county, 
Alexander  Gilmour,  North-Carolina, 
Jabez  W.  Husted,  Westchester, 
Wm.  J  Titford,  New-York, 
Peter  Quireau,  do. 

William  Van  Deursen,  New-Jersey, 
James  L.  Hannah,  St.  Martins,  W.  Ind. 
Samuel  W.  Moore,  New-York, 
John  P.  Beekman,  Columbia  county, 
Charles  Marvin,  Connecticut, 
Zebulun  W.  Seaman,  Queens  county, 
James  Inderwick,  New-York, 
Richd.  R.  Hoffman,       do. 
Piatt  Williams,  Albany, 
Saml.  G.  Mott,  New-York, 
Aaron  Bard,  Troy, 
John  L.  F,  Randolph,  Nova-Scotia, 
Benton  W  Halsey,  Staten-Island, 
Isaac  Roosevelt,  New-York, 
Gerardus  A.  Cooper,  Westchester, 
Edward  Copland,  New-York, 
James  Forcnan,  do. 

Robert  H.Wilson,  District  of  Columbia, 
Moses  Gillett,  New- York, 
Jno.  H.  Sackette,  Orange  county, 
Caspar  Wistar  Eddy,  New- York, 
Jno.  Nottingham,  Ulster  county, 

About  the  time  that  these  measures  were  adopted  in  this  city, 
many  of  the  county  medical  societies  throughout  the  state,  espe- 
cially those  that  had  received  the  circular  letter  addressed  to 
them  by  Dr.  Tillary,  were  convened,  and  memorials  prepared,  ex- 
pressing their  sentiments  relative  to  the  utility  of  the  botanic  gar- 
den and  soliciting  the  state  to  purchase  the  same  for  the  benefit 

4 


30 

of  the  medical  schools.  The  zeal  manifested  upon  this  subject 
by  the  medical  societies  of  the  counties  of  Clinton,  Ulster,  Nia- 
gara, Saratoga  and  Dutchess,  reflects  much  credit  upon  the  pre- 
sidents and  members  of  those  institutions.  The  address  delivered 
before  the  medical  society  of  the  county  of  Dutchess,  by  the 
president,  Dr.  Samuel  Bard,  and  the  subsequent  resolutions  of 
that  society  were  also  at  that  time  presented  to  the  public,  and 
had  no  inconsiderable  influence  in  diffusing  throughout  the  com- 
munity, correct  and  liberal  views  of  this  subject.  Dr.  Bard 
having  been  one  of  the  founders  of  the  medical  school  of  this  state, 
long  a  distinguished  teacher  of  various  branches  of  medical 
science,  and  one  of  the  most  learned  and  eminent  physicians  of 
our  country,  his  sentiments  were  received  with  great  respect,  not 
only  by  the  medical  profession,  but  by  his  fellow  citizens  in  ge- 
neral. 

Extracts  from  Dr.  BarcVs  address,   on   the  importance  of  the  medital  character, 
delivered  on  the  Wth  of  November,  1809. 

"  Convinced  as  I  am  of  the  great  and  general  importance  of  correct  medi- 
cal instruction,  and  anxious  that  our  schools  should  be  fostered  by  necessary- 
patronage,  I  cannot  but  regret  the  failure  of  the  proposal  made  last  year  in 
our  legislature,  for  the  purchase  of  Dr.  Hosack's  botanic  garden.  It  would  be 
too  tedious  at  present  to  point  out  how  much  medicine  may  be  benefitted,  how 
greatly  the  arts  may  be  enriched,  and  how  many  of  the  comforts,  the  plea- 
sures, and  even  the  necessaries  of  life  maybe  improved  by  such  an  institution. 
As  an  appendage  to  a  medical  school  it  has  become  indispensable  ;  and  if  we 
suffer  this  garden  of  Dr.  Hosack's  to  sink,  as  sink  it  must,  if  left  in  the  hands 
of  an  individual,  we  give  a  decided  advantage  to  every  medical  school  in  the 
United  States,  as  well  as  in  almost  every  other  country,  over  our  own.  In 
point  of  expense  it  makes  very  little  difference  to  a  young  man  who  must  go 
from  home  for  his  education,  whether  he  goes  to  Boston,  Philadelphia  or 
New-York. — He  will  always  go,  where,  for  the  least  expense  he  can  obtain  the 
greatest  advantages  :  it  becomes  therefore  decidedly  the  interest  of  the  state, 
to  render  our  own  seminaries  as  perfect  as  possible.  I  hope  therefore  that 
this  institution,  as  well  as  both  our  medical  schools  may  continue  to  receive  a 
decided  patronage  from  our  government,  and  that  there  never  will  be  wanting 
in  our  legislature  enlightened  individuals,  who  will  reiterate  their  application 
on  the  subject  until  they  shall  convince  the  less  informed." 

"  By  the  purchase  of  the  botanic  garden,  a  national  ornament  and  most  use- 
ful establishment,  already  brought  to  a  great  degree  of  perfection,  will  be  pre- 
served :  by  which  our  medicine,  our  agriculture  and  our  arts,  the  elegancies, 
and  the  conveniences  of  life  will  necessarily  be  improved." 

Upon  the  delivery  of  Dr.  Bard's  address,  the  following  reso- 
lutions were  adopted : 

Itcsolved,  That  this  society  very  cordially  coincide  with  the  medical  society 
of  the  city  and  county  of  New- York,  in  their  opinion  of  the  great  importance 
of  the  botanical  garden  in  the  neighbourhood  of  that  city,  as  a  national  orna- 
ment, and  as  the  probable  source  of  many  improvements  in  the  arts  and  in 
agriculture ;  and  more  partioidarly  as  a  necessary  appendage  to  our  medical 


81 

i 

sckools,  without  which  they  cannot  be  complete,  and  must  necessarily  yield 
the  pre-eminence  t©  such  seminaries  of  the  healing  art  in  our  own  and  in 
other  countries,  as  possess  the  advantage  of  so  essential  a  department. 

Resolved,  also,  that  this  society  will  heartily  co-operate  with  the  medical 
society  of  the  city  and  county  of  New-York,  in  any  plan  they  may  devise  to 
lay  their  sentiments  and  wishes  on  this  subject  before  the  legislature  of  the 
state,  and  to  induce  that  honourable  body  to  adopt  such  measures  as  will  pre- 
serve for  the  general  good  and  the  particular  benefit  of  our  medical  colleges, 
this  very  valuable  establishment. 

Extracted  from  the  minutes. 

J.  LIVINGSTON  VAN  KLEECK,  M.  D.    Sec'ry. 

The  convention  of  the  delegates  from  the  county  medical  so- 
cieties, annually"  held  at  Albany,  and  constituting  the  medical 
society  of  the  state,  having  in  charge  the  general  interests  of  the 
profession,  also  gave  their  sanction  to  the  application  for  the  pur- 
chase of  the  botanic  garden.  The  following  is  the  resolution  of 
that  body,  expressive  of  their  sentiments  on  this  subject. 

Medical  Society  of  the  State  of  J\reiv-York. 

Resolved,  That  the  medical  society  of  the  state  of  New-York  do  unite  with 
the  preceding  public  bodies  in  an  application  to  the  legislature  to  solicit  them 
to  purchase  the  botanic  establishment  of  Dr.  David  Hosack,  if  consistent  with 
the  funds  of  the  state;  or  otherwise  to  grant  a  lottery  for  his  remuneration, 
and  the  establishment  be  so  managed  under  the  direction  of  the  legislature, 
as  may  be  most  conducive  to  the  diffusion  of  medical  science  throughout  the 
state. 

Done  by  order  of  the  society,  at  their  meeting  in  Albany,  held  this  7th  day 
©f  February,  1810. 

NICHS.  ROMAYNE,  M.  D. 
President  of  the  Medical  Society  of  the  State. 
John  Stearns,  Secretary. 

The  several  memorials  from  the  city  of  New-York,  were  pre- 
sented to  the  senate  on  the  8th  of  February,  1810. 

IN    SENATE. 

February  8th,  1810. 
The  memorial  of  the  medical  society  of  the  city  of  New-York,  praying  that 
provision  may  be  made  for  the  purchase  of  the  botanical  garden  of  Dr.  David 
Hosack,  together  with  the  recommendation  of  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New-York  ;  the  governors  of  the  New-York  hospital, 
the  medical  society  of  the  state  of  New  York,  and  the  certificate  of  Brock- 
hoist  Livingston,  Benjamin  Moore,  and  others,  inhabitants  of  the  state  ;  and 
the  memorial  and  petition  of  Delos  White,  and  others,  students,  attending  the 
medical  schools  in  the  city  of  New-York,  to  the  same  effect  ;  were  read  and 
referred  to  a  select  committee,  consisting  of  Mr.  Livingston,  Mr.  Clinton,, 
Mr.  Stearns,  Mr,  Smith,  and  Mr.  Piatt.* 


*  Journal  of  the  Senate.  33d  session,  p.  32. 


HEPOB.T    OF    THE    COMMITTEE. 

February  12th,  1810. 

Mr.  Livingston,  from  the  select  committee,  to  whom  was  referred  the  seve« 
ral  memorials  of  the  medical  society  of  the  city  and  county  of  New-York,  the 
common  council  of  the  said  city  ;  the  governors  of  the  New-York  hospital  ; 
the  medical  society  of  the  state,  and  sundry  respectable  citizens,  reported  as 
follows,  to  wit : 

That  about  ten  years  ago,  doctor  David  Hosack,  being  the  professor  of  bota- 
ny in  Columbia  college,  purchased  twenty  acres  of  ground  in  the  vicinity  of 
the  city  of  New-York.  That  he  has  cultivated  the  same  as  a  botanic  garden, 
and  has  at  a  great  expense  supplied  it  with  a  collection  of  the  most  valuable 
medicinal  and  other  plants,  procured  from  every  quarter  of  the  globe ;  has 
erected  the  necessary  buildings  for  the  preservation  of  those  which  require 
shelter  from  our  climate  ;  and  has  freely  devoted  it  to  the  benefit  of  the  stu- 
dents who  annually  resort  to  the  medical  schools  of  that  city  for  their  in- 
struction in  the  healing  art. 

That  this  department  of  medical  learning  is  considered,  in  every  country 
where  the  arts  and  sciences  are  cultivated,  as  indispensably  necessary  to  a 
complete  system  of  medical  education,  and  that  in  Europe  there  is  no  great 
medical  school  without  an  establishment  of  this  sort.  In  this  country,  the  ve- 
getable productions  of  which  are  yet  unexplored,  an  institution  of  this  nature 
will  probably  be  attended  with  the  most  beneficial  consequences,  and  may  lead 
to  the  discovery  of  many  plants  whose  virtues  are  at  present  unknown,  and 
which  may  prove  an  antidote  to  some  of  our  most  fatal  diseases. 

It  may  also  be  observed,  thatnotwithstanding  the  researches  of  travellers  and 
botanists,  who  have  been  sent  to  this  country  from  the  different  governments 
of  Europe  to  examine  the  vegetable  productions  of  this  continent,  much  yet  re- 
mains to  be  discovered  ;  and  that  until  our  physicians  shall  become  generally 
instructed  in  this  branch  of  medical  learning,  we  shall  never  become  fuUy  ac- 
quainted with  the  productions  of  our  soil. 

Your  committee  state  with  pleasure,  that  this  is  the  first  establishment  of 
this  kind  that  has  ever  been  attempted  in  the  United  States,  and  that  this 
praise-worthy  example  has  already  been  followed  by  several  of  our  sister 
states,  particularly  Massachusetts,  Maryland,  and  South-Carolina. 

The  importance  of  having  at  all  times  well  educated  physicians  dispersed 
through  every  part  of  the  state,  who  will  not  only  maintain  the  respectability 
of  the  medical  profession,  but  may  also  be  essentially  useful  in  preserving  the 
health  and  lives  of  our  citizens,  cannot  fail  to  arouse  the  attention  of  every  in- 
dividual, and  to  call  for  the  support  of  every  patriotic  and  liberal  mind.  The 
rank  which  the  state  of  New-York  holds  in  the  union — its  increasing  wealth  and 
population,  render  it  peculiarly  proper,  that  the  legislature  should  at  all  times 
encourage  the  education  of  youth  in  the  most  liberal  manner.  This  disposition 
has  been  manifested  on  many  occasions  ;  but  at  a  time  when  the  situation  of 
the  union  so  forcibly  points  out  the  necessity  of  cherishing  at  home  the  means 
of  medical  instruction,  there  can  be  no  hesitation  in  pursuing  that  enlightened 
policy,  which  has  ever  characterised  the  proceedings  of  the  legislature  of  this 
state,  with  respect  to  the  promotion  of  science. 

Many  additional  reasons  might  be  pointed  out  to  recommend  to  the  legisla- 
ture, the  preservation  of  this  valuable  institution.  Among  others,  it  may  be 
observed,  that  unless  patronised  by  the  state,  we  shall  be  deprived  of  its  useful- 
ness, and  its  benefits  will  probably  be  transferred  to  some  rival  medical  school ; 
in  consequence  of  which,  the  students  of  medicine,  instead  of  coming  to  New- 
York  for  their  medical  education,  will  resort  to  those  places  where  it  may  be 
conducted  on  a  more  liberal  plan,  and  even  our  own  youth  must  seek  in  ano- 
ther state,  or  perhaps  in  a  foreign  country,  for  those  branches  of  their  profes- 
sional studies  which  they  cannot  obtain  at  home. 


S3 

These  considerations  induce  your  committee  unanimously  to  recommend 
that  the  establishment  be  purchased  by  the  state,  with  the  proceeds  of  a  lottery 
to  be  granted  for  that  purpose — That  the  institution  be  placed  under  the  direc- 
tion of  the  regents  of  the  university,  for  the  benefit  of  the  medical  schools 
in  New-York  ;  and  that  the  physicians  and  students  throughout  the  state,  at 
all  times,  have  access  to  the  establishment,  and  the  botanical  lectures  there  de- 
livered, free  from  expense. 

To  carry  this  recommendation  into  effect,  the  committee  have  directed  their 
chairman  to  ask  for  leave  to  bring- in  a  bill  for  that  purpose. 

Thereupon,  Ordered,  that  leave  be  given  to  bring  in  such  bill. 
Ordered,  That  the  said  report  be  forthwith  printed  for  the  use.  of  the  senate.* 

February  13th,  1810. 
Mr.   Livingston,  according  to  leave    heretofore   given  for  that   purpose, 
brought  in  a  bill,  entitled    "  An  Act   for  promoting-  medical  science  in  the 
state  of  New- York,"  which  was  read  the  first  time,  and  by  unanimous  consent, 
was  also  read  a  second  time,  and  committed  to  a  committee  of  the  whole.f 

February  17th,  1810. 
The  proceedings  of  the  medical  society  of  the  county  of  Saratoga,  of  the 
medical  society  of  the  county  of  Ulster,  of  the  medical  society  of  the  county  of 
Dutchess,  and  of  the  medical  society  of  the  county  of  Niagara,  relative  to  the 
purchase  of  the  botanic  garden  of  Dr.  Hosack,  were  referred  to  the  commit- 
tee of  the  whole,  when  on  the  bill,  entitled  "  An  act  for  promoting  medical 
science  in  the  state  of  New-York."t 

February  20^,  1810. 
The  senate  then  resolved  itself  into  a  committee  of  the  whole,  on  the  bill, 
entitled,  "  An  act  for  promoting-  medical  science  in  the  state  of  New-York," 
and  after  some  time  spent  thereon,  Mr.  President  resumed  the  chair,  and  Mr. 
JSurt,  from  the  said  committee,  reported  progress,  and  asked  for,  and  obtained 
leave  to  sit  again.§ 

Upon  that  occasion  Mr.  Clinton  called  the  attention  of  the 
senate  to  this  subject  by  an  historical  sketch  of  the  progress  of 
botanical  science  in  Europe  as  well  as  in  this  country.  He  then 
pointed  out  its  connection  with  medicine,  and  its  relation  to  agri- 
culture and  the  arts.  He  next  noticed  the  advantages  we  had 
reason  to  expect  from  its  cultivation  in  the  United  States,  at  the 
same  time  recounting  the  labours  and  discoveries  of  Colden,  Cut- 
ler, Belknap,  the  Bartrams,  Muhlenberg,  the  Michauxs,  Barton, 
and  others,  who  have  been  occupied  in  this  extensive  and  still  un- 
explored field  of  enquiry.  He  concluded  by  warmly  advocating 
the  proposed  purchase  as  honourable  to  the  state  of  New-York, 
and  calculated  to  improve  the  advantages  of  its  medical  schools, 
as  well  as  to  exalt  the  literary  reputation  of  our  country.  He 
was  followed  by  General  Piatt,  who  took  an  extensive  survey  of 
the  general  state  of  society  in  the  United  States,  and  of  the  pro- 


*  Journal  of  the  Senate,  33d  session,  p.  37,  38, 
t  .Tounial  of  the  Senate,  33d  session,  p.  41. 
j  Journal  of  the  Senate,  33d  session,  \>.  49. 
i  Journal  of  the  Senate.  33d  session  .  p.  55, 


34 

gress  that  had  been  made  in  the  cultivation  of  those  sciences 
which  are  most  essentially  necessary  ;  and  concluded  by  urging 
the  expediency  and  propriety  at  this  time  of  cultivating  those 
which,  though  not  of  the  same  importance,  are  still  highly  useful 
and  necessary  in  completing  our  medical  schools,  at  the  same 
time  that  they  are  calculated  to  subserve  the  general  interests  of 
learning,  and  to  enrich  our  country  by  the  discovery  of  many 
articles  important  in  the  arts  and  in  medicine.  Mr.  Edward  P. 
Livingston  also,  in  a  very  able  address,  urged  the  advantages  to 
be  expected  from  this  accession  to  the  numerous  means  of  medi- 
cal instruction  at  present  afforded  by  the  schools  of  New- York, 
and  illustrated  at  length  many  of  the  sentiments  contained  in  the 
report  which,  as  chairman  of  the  committee,  he  had  presented 
to  the  senate.  He  was  succeeded  by  Mr.  Paris,  and  some  other 
members,  who  united  in  similar  views  of  this  subject. 

A  few  gentlemen,  however,  distinguished  for  their  liberality 
upon  most  subjects  which  come  before  them,  in  which  the  cha- 
racter and  general  interest  of  the  state  are  concerned,  opposed 
the  passage  of  this  bill.  Among  these  was  judge  Taylor,  a  dis- 
tinguished member  of  the  senate,  whose  name  I  particularly 
introduce  upon  this  occasion,  lest  it  might  be  supposed  that  a 
gentleman  of  his  weight  of  character  and  influence  in  our  pub- 
lic counsels  should  be  thought  hostile  to  the  principles  of  the  bill 
itself.  On  the  contrary,  in  that  respect,  it  received  his  approba- 
tion, and  which  he  expressed  upon  the  floor  of  the  senate  in  the 
course  of  the  debate  upon  that  subject,  but  opposed  the  bill  alto- 
gether upon  its  inexpediency  in  the  then  posture  of  our  public 
affairs. 

February  2lst,  1810. 

The  senate  again  resolved  itself  into  a  committee  of  the  whole,  on  the 
bill,  entled  "  an  act  for  promoting1  medical  science  in  the  state  of  NewYork," 
and  after  some  time  spent  thereon,  Mr.  President  resumed  the  chair,  and  Mr. 
Burt,  from  the  said  committee,  reported,  that  in  proceeding1  on  the  said  bill, 
and  after  the  same  had  been  read  in  the  committee,  the  first  enacting1  clause 
thereof  was  again  read,  in  the  words  following,  to  wit : 

BE  it  enacted  by  the  people  of  the  state  of  Ne-tv-York,  represented  in  senate 
mid  assembly,  That  the  commissioners  of  the  land-office  be  and  they  are 
hereby  directed,  with  all  convenient  speed,  to  treat  in  behalf  of  the  people  of 
this  state,  with  the  said.  David  Hosack,  for  the  purchase  of  the  lands  compri- 
sing the  botanic  garden,  commonly  called  Elgin,  with  the  appurtenance,  near 
the  said  city  of  New-York,  and  owned  by  the  said  David  Hosack,  at  a  fair  and 
equitable  valuation  thereof,  to  be  made  by  such  persons  and  in  such  manner 
as  the  said  commissioners  shall  for  that  purpose  direct  and  appoint;  and  if 
upon  such  treaty  and  valuation  the  said  David  Hosack  shall  consent  to  sell  the 
said  lands,  with  the  apurtenances,  to  the  said  commissioners,  for  the  use  of  the 
people  of  this  state,  for  the  price  at  which  the  same  shall  have  been  valued, 
then  and  in  such  case  the  said  commissioners  shall  give  notice  thereof  to  the 


35 

attorney-general  of  the  state,  or  to  the  attorney  of  the  district  in  which  the 
city  and  county  of  New-York  is  situate,  and  thereupon  it  shall  be  the  duty  of 
the  attorney-general,  or  of  the  district-attorney,  to  examine  the  title  of  the 
said  Bavid  Hosack  to  the  said  lands,  when  the  state  of  the  title  shall  be  ex- 
hibited to  him  by  the  said  David  Hosack,  and  if  upon  such  examination  it  shall 
be  found  that  the  said  title  is  perfect,  and  free  from  all  incumbrances,  it  shall 
be  the  further  duty  of  the  attorney-general,  or  of  the  district-attorney,  to  re- 
ceive from  the  said.  David  Hosack  a  good  and  sufficient  deed  of  the  said  lands, 
with  the  appurtenances,  to  the  people  of  this  state  ;  Provided  always,  That  the 
said  commissioners  shall  not  be  authorised  to  include  in  such  vaulation  the 
trees,  plants  and  shrubs  appertaining  to  the  said  botanic  garden,  but  they 
shall  nevertheless  require,  that  the  said  trees,  plants  and  shrubs  shall  be  con- 
veyed by  the  said  deed. 

That  debates  were  had  thereon,  and  the  question  having  been  put,  whether" 
the  committee  would  agree  thereto,  it  was  carried  in  the  affirmative. 

The  yeas  and  nays-  being  called  for  by  Mr.  Buel,  seconded  by  Mr.  Barlow, 
were  as  follows,  to  wit : — Yeas  16 — Nays  11. 

Mr.  Burt  further  reported,  that  the  committee  had  gone  through  the  said 
bill,  made  amendments,  filled  up  the  blanks,  and  agreed  to  the  same,  which  he 
was  directed  to  report  to  the  senate ;  and  he  read  the  report  in  his  place,  and 
delivered  the  same  in  at  the  table,  where  it  was  again  read,  and  agreed  to  by 
the  senate 

Ordered,  That  the  bill  be  engrossed.* 

February  22d,  1810. 

The  engrossed  bill,  entitled,  "  an  act  for  promoting  medical  science  in  the 
Mate  of  New-York,"  was  read  the  third  time. 

Mr.  President  put  the  question,  whether  the  said  bill  should  pass,  and  it 
was  carried  in  the  affirmative. 

The  yeas  and  nays  being  called  for  by  Mr.  M'Lean,  seconded  by  Mr.  Coc, 
were  as  follows,  to  wit  : — Yeas  15 — Nays  12. 

Thereupon,  Resolved,  That  the  bill  do  pass. 

Ordered,  That  the  clerk  deliver  the  said  bill  to  the  honourable  the  assem- 
bly, and  request  their  concurrence.^ 

IN    ASSEMBLY. 

February  22d,  1810. 

A  message  from  the  honorable  the  senate,  delivered  by  their  clerk,  with  the 
bill  therein  mentioned,  was  read,  informing,  that  the  senate  have  passed  the 
bill,  entitled  "an  act  for  promoting  medical  science  in  the  state  of  New-York," 
in  which  they  request  the  concurrence  of  this  house. 

The  said  bill  was  read  the  first  time,  and  ordered  a  second  reading.^ 

February  23d,  1810. 
The  bill,  entitled  "  an  act  for  promoting   medical  science  in  the  state  of 
New-York,"  was  read  the  second  time,  and  committed  to   a  committee  of 
the  whole  house.§ 

March  3d,  1810. 
The  petition  of  the  medical  society  of  the  county  of  Clinton,  praying  that 
Doctor  Hosack's  botanic   garden   may  be  carried  into  as  great  perfection  as 
possible  at  the  expense  of  this  state,  was  read  and  committed  to  a  committee 


*  Journal  of  the  Senate,  33d  session,  p.  5S,  59. 
+  Journal  of  the  Senatei  33d  session,  p.  59,  60. 
X  Journal  of  the  Assembly,  33d  session,  p.  123,  4. 
§  Journal  of  the  Assembly,  33d  session,  p.  125. 


36 

of  the  whole  house,  when  on  the  bill,  entitled  "  an  act  for  promoting  medical, 
science  in  the  state  of  New-York."* 

March  7th,  1810. 

The  house  resolved  itself  into  a  committee  of  the  whole,  on  the  bill, 
entitled  "  an  act  for  promoting1  medical  science  in  the  state  of  New-York," 
and  after  some  time  spent  thereon  Mr.  Speaker  resumed  the  chair,  and  Mr. 
Bulkley,  from  the  said  committe,  reported  progress,  and  asked  for  and  ob- 
tained leave  to  sit  ag'ain. 

Mr.  Pratt  made  a  motion,  that  the  house  should  agree  to  a  resolution,  which 
was  read  in  the  words  following,  to  wit  : 

Ilesolved,  That  the  further  consideration  of  the  bill,  entitled  "  an  act  for 
promoting  medical  science  in  the  state  of  New-York,"  be  postponed  until  the 
meeting  of  the  next  legislature  ;  and  that  the  commissioners  of  the  land  office 
be,  and  they  are  hereby  directed  to  treat,  in  behalf  of  the  people  of  this  State, 
with  David  Hosack,  with  regard  to  the  purchase  of  the  land  comprising  the 
botanic  garden,  commonly  called  Elgin,  with  the  appurtenances  including  the 
trees,  shrubs  and  plants,  appertaining  thereto  ;  and  if  the  said  David  Hosack 
shall  consent  to  sell  the  same,  the  commissioners  are  hereby  required  to  ob- 
tain from  him  the  best  terms  that  he  will  dispose  of  the  said  garden  to  the  peo- 
ple of  this  state,  and  report  the  same  to  the  next  legislature. 

Ordered,  That  the  consideration  thereof,  be  postponed  until  to-morrow.f 

It  is  proper,  in  this  place,  to  observe,  that  in  the  house  of  as- 
sembly, as  well  as  in  the  senate,  this  bill  found  many  liberal  and 
able  advocates.  Mr.  Van  Vechten,  Judge  Brooks,  Mr.  Cady, 
Dr.  Comstock,  Dr.  Mitchill,  Mr.  Grosvenor,  Mr.  Morrell,  Mr. 
Bulkley,  Mr.  French,  Judge  Ostrom,  Judge  Glen,  Judge  Bishop, 
Mr.  Nealy,  Mr.  Stephen  Van  Rensselaer,  Mr.  Skinner,  and 
the  speaker  General  North,  gave  it  their  strenuous  support. 
The  meritorious  exertions  of  these  gentlemen,  in  behalf  of  our 
medical  schools,  demand,  and  will  receive  the  grateful  acknow- 
ledgments, not  only  of  the  profession,  but  of  the  friends  of  science 
in  general. 

March  8th,  1810. 

The  house  proceeded  to  take  into  consideration  the  resolution  propo- 
sed by  the  motion  of  Mr.  Pratt,  as  entered  on  the  journals  of  this  house,  of 
yesterday. 

Thereupon,  on  motion  of  the  mover  of  the  said  resolution, 

Ordered,  That  he  have  leave  to  withdraw  the  same,  t 

The  bouse  then  resolved  itself  into  a  committee  of  the  whole,  on  the  en- 
grossed bill,  from  the  honourable  the  senate,  entitled,  "  an  act  for  promoting 
medical  science  in  the  state  of  New- York,"  and  after  some  time  spent  thereon, 
Mr.  Speaker  resumed  the  chair,  and  Mr.  Bulkley,  from  the  said  committee, 
reported,  that  in  proceeding  on  the  said  bill,  and  after  the  same  had  beeii 
read  in  the  committee,  the  first  enacting  clause  thereof  was  again  read,  and 
is  in  the  words  following,  to  wit : 

Be  it  enacted  by  the  people  of  the  state  of  New-York,  represented  in  senate  and 
assembly,  That  the  commissioners  of  the  land  office  be,  and  they  are  hereby 


*  Journal  of  the  Assembly,  33d  session,  p.  178. 
t  Journal  of  the  Assembly,  33d  session,  p.  218. 
%  Journal  of  the  Assembly,  33d  session,  p.  220, 


or 

directed,  with  ail  convenient  speed,  to  treat  in  behalf  of  the  people  of  this 
state,  with  the  said  David  Hosack,  for  the  purchase  of  the  lands  comprising 
the  botanic  garden,  commonly  called  Elgin,  with  the  appurtenances,  near  the 
said  city  of  New-York,  and  owned  by  the  said  David  Hosack,  at  a  fair  and 
equitable  valuation  thereof,  to  be  made  by  such  persons  and  in  such  manner 
as  the  said  commissioners  shall  for  that  purpose  direct  and  appoint.  And  if 
upon  such  treaty  and  valuation  the  said  David  Hosack  shall  consent  to  sell  the 
said  lands,  with  the  appurtenances,  to  the  said  commissioners,  for  the  use  of 
the  people  of  this  state,  for  the  price  at  which  the  same  shall  have  been  valued, 
then  and  in  such  case  the  said  commissioners  shall  give  notice  thereof  to  the 
attorney  general  of  the  state,  or  to  the  attorney  of  the  district  in  which  the  city 
and  county  of  New-York  is  situate,  and  thereupon  it  shall  be  the  duty  of  the 
attorney  general,  or  of  the  district  attorney,  to  examine  the  title  of  the  said 
David  Hosack  to  the  said  lands,  when  the  state  of  the  title  shall  be  exhibited 
to  him  by  the  said  David  Hosack  ;  and  if  upon  such  examination  it  shall  be 
found  that  the  said  title  is  perfect  and  free  from  all  incumbrances,  it  shall  be 
the  further  duty  of  the  attorney  general,  or  of  the  district  attorney,  to  receive 
from  the  said  David  Hosack  a  good  and  sufficient  deed  of  the  said  land,  with 
the  appurtenances,  to  the  people  of  this  state  :  Provided  ahvays,  that  the  said 
commissioners  shall  not  be  authorised  to  include  in  such  valuation  the  trees, 
plants  and  shrubs  appertaining  to  the  said  botanic  garden,  but  they  shall,  ne- 
vertheless, require  that  the  said  trees,  plants  and  shrubs  shall  be  conveyed  by 
the  said  deed. 

That  debates  were  had  thereon,  and  the  question  having  been  put,  whether 
the  committee  would  agree  thereto,  it  was  earned  in  the  affirmative. 

That  the  yeas  and  nays  were  called  for  oy  Mr,  Van  Antwerp,  seconded  by 
Mr.  Gale,  and  were  as  follows,  viz  : — Yeas  57 — Nays  38. 

That  in  further  proceeding  in  the  said  bill,  Mr.  Van  Antwerp  made  a  motion, 
that  the  committee  should  agree  to  rise,  report  progress,  and  ask  for  leave  to 
sit  again. 

That  debates  were  had  thereon,  and  the  question  having  been  put,  whether 
the  committee  would  agree  to  the  said  motion,  it  passed  in  the  negative. 

That  the  yeas  and  nays  were  called  for  by  Mr.  Van  Orden,  seconded  by  Mr. 
Brouwer,  and  were  as  follows,  to  wit : — Nays  59 — Yeas  32. 

That  in  further  proceeding  in  the  said  bill,  the  third  enacting*  clause  thereof 
was  again  read,  and  is  in  the  words  following,  to  wit : 

And  be  it  further  enacted,  that  immediately  after  the  said  deed  shall  be  receiv 
ed  for  record  in  the  office  of  the  secretary  of  this  state,  it  shall  be  the  secreta- 
ry's duty  to  notify  the  same  to  the  managers  hei'einafter  named,  together  with 
the  amount  of  the  consideration  money  in  the  said  deed  expressed,  whereupon 
the  said  managers,  or  a  majority  of  them,  and  the  survivors  and  survivor  of 
them,  shall  have  power  to  raise  the  said  consideration  money  by  a  lottery, 
consisting  of  one  or  more  classes,  and  to  adopt  such  schemes  as  to  them,  or  a 
majority  of  them,  or  the  survivors  or  survivor  of  them,  may  appear  proper,  to 
sell  the  tickets,  and  to  superintend  the  drawing  of  the  lottery,  and  the  pay- 
ment of  the  prizes  of  the  same  :  Provided  always,  That  the  said  managers  shall 
not  proceed  to  sell  any  of  the  tickets  of  the  said  lottery  until  after  the  drawing' 
of  every  other  lottery  heretofore  authorised  by  law. 

That  debates  were  had  thereon,  and  the  question  having  been  put,  whe- 
ther the  committee  would  agree  thereto,  it  was  carried  in  the  affirmative. 

That  the  yeas  and  nays  being  called  for  by  Mr.  Van  Antwerp,  seconded  by 
Mr.  Bellinger,  and  were  as  follows,  to  wit : — Yeas  54 — Nays  34. 

Mr.  Bulkley  further  reported,  that  the  committee  had  gone  through  the  bill, 
made  an  amendment,  and  added  a  proviso  to  the  last  enacting  clause  of  the 
bill,  and  agreed  to  the  same,  which  he  was  directed  to  report  to  the  house ;  and 

5 


38 

he  read  the  report  in  his  place,  and  delivered  the  same  in  at  the  table,  where 
it  was  again  read,  and  agreed  to  by  the  house. 

Ordered,  That  the  amendment  be  engrossed.* 

March  9th,  1810. 

The  engrossed  bill,  from  the  honourable  the  senate,  entitled,  "  an  act  for 
promoting  medical  science  in  the  state  of  New- York,"  with  the  engrossed 
amendment,  was  read  the  third  time. 

Mr.  Speaker  put  the  question  whether  the  said  bill  with  the  amendment 
should  pass,  and  it  was  carried  in  the  affirmative 

The  yeas  and  nays  being  called  for  by  Mr.  Strong,  seconded  by  Mr.  Zeilley, 
were  as  follows,  viz  : — Yeas  57 — Nays  42. 

Thereupon,  resolved,  That  the  bill  and  amendment  do  pass. 

Ordered,  That  the  clerk  deliver  the  bill  and  amendment  to  the  honourable 
the  senate,  and  inform  them  that  this  house  have  passed  the  same  with  the 
amendment  therewith  debvered.f 

IN    SENATE 

March  10th,  1810. 

A  message  from  the  honourable  the  assembly,  delivered  by  their  clerk, 
with  the  bill  and  amendments  therein  m  .tioned,  was  read,  informing  the  se- 
nate, that  they  had  passed  the  bill,  entit  ;d  "  an  ,act  for  promoting  medical 
science  in  the  state  of  New-York,"  with  tL  ..  amendments  therewith  delivered. 

The  said  bill  with  the  amendments  being  read,  and  the  amendments  having 
been  again  read,  were  severally  concurred  in  by.  the  senate,  and  the  bill 
amended  accordingly. 

Ordered,  That  the  clerk  deliver  the  said  bill  and  amendments,  to  the  ho- 
norable the  assembly,  and  inform  them,  that  the  senate  have  concurred  in 
their  amendments  to  the  said  bill,  and  have  amended  the  same  accordingly.^ 

IN  ASSEMBLY. 

March  10th,  1810. 
A  message  from  the  honourable  the  senate,  delivered  by  their  clerk<  with  the 
bill  and  amendments  therein  mentioned,  was  read,  informing,  that  the  senate 
have  concurred  with  this  house  in  their  amendments  to  the  bill,  entitled  "  an 
act  for  promoting  medical  science  in  the  state  of  New-York,"  and  have  amend- 
ed the  same  accordingly. 

The  amended  bill  having  been  examined, 

Ordered,  That  the  clerk  return  the  said  bill  to  the  honourable  the  senate. § 

IN    SENATE. 

.     '  March  10th,  1810. 

The  honourable  the  assembly,  by  their  clerk,  returned  the  bill,  entitled  "  an 
act  for  promoting-  medical  science  in  the  state  of  New-York." 

Ordered,  That  the  clerk  deliver  the  said  bill  to  the  honorable  the  council  of 
revision.  || 

March  12th,  1810. 

A  message  from  the  honorable  the  council  of  revision,  delivered  by  the 
secretary  of  this  state,  was  read,  informing,  that  it  does  not  appear  improper 
to  the  council,  that  the  bill,  entitled  "  an  act  for  promoting  medical  science 
in  the  state  of  New-York,"    should  become  a  law  of  this  state.fl 


*  Journal  of  the  Assembly,  33d  session,  p,  220,  221,  222,  223. 

t  Journal  of  the  Assembly.  33d  session,  p.  223,  224. 

t  Journal  of  the  Senate,  33d  session,  p.  92, 93. 

§  Journal  of  the  Assembly,  33d  session,  p.  232.. 

I!  Journal  of  the  Senate,  33d  session,  p.  95. 

$  Journal  of  the  Senate,  33d  session,  p.  97. 


39 
THE  ACT, 


Passed  March   12,  1810. 


Whereas  the  medical  society  of  the  city  and  county  of  New-York,  the 
common  council  of  the  said  city,  the  governors  of  the  New-York  hospital, 
the  medical  society  of  the  state  of  New-York,  and  divers  respectable  citizens, 
are  deeplv  impressed  with  an  opinion  that  the  botanic  garden  established 
and  owned  by  David  Hosack,  of  the  said  city,  physician,  at  a  place  called 
Elgin,  near  the  said  city,  may  become  a  great  public  benefit  by  being  applied 
to  promote  medical  science  in  this  state;  and  under  the  influence  of  this 
opinion  they  have  strongly  recommended  it  to  the  legislature  to  purchase  the 
said  botanic  garden,  in  behalf  of  the  state.  And  whereas  the  legislature,  as 
well  from  a  respect  to  the  said  recommendation,  as  from  a  persuasion  that  the 
said  botanic  garden,  in  the  hands  of  the  state,  will  essentially  conduce  to  the 
advancement  of  medical  knowledge,  are  desirous  that  the  said  purchase  may 
be  made  ;   wherefore, 

I.  Be  it  enacted  by  the  People  of  the  State  of  A'ew-York,  represented  in  Senate 
and  Assembly,  That  the  commissioners  of  the  land-office  be,  and  they  are 
hereby  directed,  with  all  convenient  speed,  to  treat  in  behalf  of  the  people  of 
this  state  with  the  said  David  Hosack,  for  the  purchase  of  lands  comprising 
the  botanic  garden,  commonly  called  Elgin,  with  the  appurtenances,  near  the 
said  city  of  New- York,  and  owned  by  the  said  David  Hosack,  at  a  fair  and 
equitable  valuation  thereof,  to  be  made  by  such  persons  and  in  such  manner 
as  the  said  commissioners  shall  for  that  purpose  direct  and  appoint ;  and  if, 
upon  such  treaty  and  valuation,  the  said  David  Hosack  shall  consent  to  sell 
the  said  lands,  with  the  appurtenances,  to  the  said  commissioners,  for  the  use 
of  the  people  of  this  state,  for  the  price  at  which  the  same  shall  have  been 
valued,  then  and  in  such  case,  the  said  commissioners  shall  give  notice  there- 
of to  the  attorney  general  of  the  state,  or  to  the  attorney  of  the  district  in 
which  the  city  and  county  of  New-York  is  situate,  and  thereupon  it  shall  be 
the  duty  of  the  attorney  general,  or  of  the  district  attorney,  to  examine  the 
title  of  the  said  David  Hosack  to  the  said  lands,  when  the  state  of  the  title 
shall  be  exhibited  to  him  by  the  said  David  Hosack,  and  if  upon  such  examina- 
tion it  shall  be  found  that  the  said  title  is  perfect  and  free  from  all  incum- 
brances, it  shall  be  the  further  duty  of  the  attorney  general,  or  of  the  district 
attorney,  to  receive  from  the  said  David  Hosack,  a  good  and  sufficient  deed 
of  the  land,  with  the  appurtenances,  to  the  people  of  this  state.  Provided 
always,  That  the  said  commissioners  shall  not  be  authorised  to  include  in 
such  valuation  the  trees,  plants  and  shrubs,  appertaining  to  the  said  botanic 
garden,  but  they  shall  nevertheless  require  that  the  said  trees,  plants  and 
shrubs  shall  be  conveyed  by  the  said  deed  -"  Provided  always,  That  the  valua- 
tion so  made  by  the  appraisers  shall  not  be  conclusive  or  binding  on  the  com- 
missioners of  the  land  office. 

IE.  And  be  it  further  enacted,  That  after  the  said  deed  has  been  duly  execu- 
ted and  acknowledged,  and  delivered  to  the  attorney  general,  or  the  district 
attorney,  it  shall  be  the  further  duty  of  the  attorney  general,  or  of  the  dis- 
trict attorney,  to  endorse  and  subscribe  on  the  said  deed  a  certificate,  setting 
forth  that  he  approves  of  the  deed  ;  that  he  has  examined  the  title  of  the 
said  David  Hosack  to  the  lands  by  the  said  deed  conveyed,  and  that  upon 
such  examination,  he  found  the  said  title  to  be  perfect  and  free  from  all  in- 
cumbrances ;  and  thereupon  it  shall  be  the  further  duty  of  the  attorney  gene- 
ral, or  of  the  district  attorney,  to  transmit  the  said  deed  without  delay  to 
the  office  of  the  secretary  of  this  state,  to  be  there  recorded. 

III.  And  be  it  further  enacted,  That  immediately  after  the  said  deed  shall  be 
received  for  record  in  the  office  of  the  secretary  of  this  state,  it  shall  be  the 
secretary's  duty  to  notify  the  same  to  the  managers  hereinafter  named,  to- 


40 

gether  with  the  amount  of  the  consideration  money  in  the  said  deed  ex- 
pressed ;  whereupon  the  said  managers,  or  a  majority  of  them,  and  the  sur- 
vivors and  survivor  of  them,  shall  have  power  to  raise  the  said  consideration 
money  by  a  lottery,  consisting  of  one  or  more  classes,  and  to  adopt  such 
scheme  or  schemes  as  to  them,  or  a  majority  of  them,  or  the  survivors  or 
survivor  of  them,  may  appear  proper,  to  sell  the  tickets,  and  to  superintend 
the  drawing  of  the  lottery,  and  the  payment  of  the  prizes  of  the  same  :  Pro'- 
■vlded  always,  That  the  said  managers  shall  not  proceed  to  sell  any  of  the 
tickets  of  the  said  lottery  until  after  the  drawing  of  every  other  lottery  here- 
tofore authorised  by  law. 

IV.  And  be  it  further  enacted,  That  each  of  the  said  managers,  before  he 
takes  upon  himself  the  management  of  the  said  lottery  or  lotteries,  shall 
enter  into  a  bond  to  the  people  of  this  state,  with  such  sureties  as  the  comp- 
troller of  this  state  shall  approve  of,  in  the  sum  of  twenty-five  thousand  dol- 
lars, conditioned  for  the  honest  and  faithful  discharg-e  of  the  duties  required 
of  him  by  this  act,  and  for  rendering  a  just  account  of  his  proceedings  at  the 
next  session  of  the  legislature  after  the  drawing  of  said  lottery. 

V.  Jlnd  be  it  further  enacted,  That  the  said  managers,  as  often  as  they  shall 
receive  five  thousand  dollars  from  the  sales  of  tickets,  shall  deposit  the  same 
for  safe  keeping  in  one  of  the  banks  established  within  this  state. 

VI.  And  be  it  further  enacted,  That  the  said  managers,  after  drawing  of 
each  class  of  the  said  lottery,  shall  forthwith  pay  the  net  amount  or  avails  of 
the  class  so  drawn  to  the  said  David  Hosack,  towards  satisfaction  of  the  con- 
sideration money  expressed  in  the  deed  above  mentioned. 

VII.  And  be  it  further  enacted,  That  Samuel  L.  Mitchill,  John  L.  Broome, 
Benjamin  De  Witt,  Moss  Kent  and  Jeremiah  Johnson,  shall  be,  and  hereby  are 
?ppointed  managers  of  the  said  lottery. 

VIII.  And  be  it  further  enacted,  That  it  shall  also  be  the  duty  of  the  secre- 
tary of  this  state,  immediately  after  the  receipt  of  the  said  deed  for  record  as 
aforesaid,  \  to  give  notice  thereof  to  his  excellency  the  governor,  and  that 
thereupon  it  shall  and  may  be  lawful  for  the  regents  of  the  university,  and 
they  are  hereby  required,  from  time  to  time,  to  make  such  orders  and  regu- 
lations relative  to  the  keeping,  maintaining  and  preserving  the  said  botanic 
garden,  and  the  use  and  employment  thereof  for  the  benefit  of  the  medical 
schools  of  this  state,  as  they  shall  judge  to  be  most  conducive  to  the  public 
good  ;  and  they  are  hereby  directed  to  make  such  regulations  and  take  such 
measures  for  the  support  of  the  said  establishment,  that  it  shall  be  attended 
with  no  future  charge  or  expense  to  the  state  :  Provided  always,  That  the 
physicians  and  students  of  medicine  throughout  the  state  shall  at  all  times 
have  access  to  the  said  botanic  garden  free  from  any  expense  :  And  provided 
further,  and  it  is  the  true  intent  and  meaning  of  this  act,  that  the  people  of 

this  state  shall  have  the  right  at  all  times  to  sell  and  dispose  of  said  property 
m  such  way  and  for  such  purposes  as  they  may  deem  expedient. 


41 
PROCEEDINGS  OF  THE  LAND-OFFICE. 

APPOINTMENT  OF  THE  APPRAISERS. 

At  a  meeting  of  the  Commissioners  of  the  Land  Office,  held  at  the  Secretary's 
Office,  on  Wednesday,  the  25th  day  of  April,  1810, 

Present— DANIEL  D.  TOMPKINS,  Governor. 
DANIEL  HALE,  Secretary. 
ARCHIBALD  M'INTYRE,"  Comptroller. 
ABRAHAM  G.  LANSING,  Treasurer. 
ABRAHAM  VAN  VECHTEN,  Attorney  General. 

Resolved,  That  MathewClarkson,  Richard  Yarick,  Richard  Harison,  Ma, 
rinus  Willet  and  Arthur  Smith,  be,  and  they  are  hereby  appointed  appraisers 
to  appraise  the  land  comprising  the  botanic  garden,  commonly  called  Elgin, 
with  the  appurtenances  situate  in  the  city  of  New- York,  pursuant  to  the  act, 
entitled,  "  An  Act  for  promoting-  medical  science  in  the  state  of  New- York," 
passed  March  12th,  1810 ;  and  that  the  said  appraisers  shall,  as  soon  as  con- 
veniently may  be,  make  a  return  in  writing  of  such  appraisement  under  their 
hands,  or  under  the  hands  of  any  three  of  them,  sworn  to  before  the  mayor, 
recorder  or  one  of  the  aldermen  of  the  said  city,  into  the  office  of  the  secreta- 
ry of  this  state. 

Ordered,  that  the  secretary  transmit  a  copy  of  the  preceding  resolution  to 
each  of  the  said  appraisers. 

A.  true  copy  of  the  minutes  of  the  25th  of  April,  1810. 

DANIEL  HALE,  Secretary, 

Believing  that  the  annual  quit  rent  reserved  by  the  corporation, 
upon  the  lands  sold  by  them,  in  the  vicinity  of  the  city,  might 
create  some  embarrassment  with  the  appraisers  in  estimating  the 
value  of  the  botanic  garden,  and  might  become  an  impediment 
to  the  conveyance  of  the  same  to  the  people  of  the  state 
agreeably  to  the  terms  of  the  act  requiring  the  property  to  be  free 
from  every  incumbrance,  I  addressed  the  following  letter  to  the 
mayor,  aldermen  and  commonalty,  soliciting  a  release  of  the  rent 
reserved  by  them  upon  the  botanic  garden. 

New-York,  May  7  th,  1810. 

SlR,^ 

Some  time  since  I  had  the  honour  to  address  an  application  to  the  com- 
mon council,  respecting  the  quit  rent  on  the  ground  I  purchased  from  the  cor- 
poration, and  now  occupied  as  a  botanic  garden. 

Agreeably  to  the  act  of  the  legislature  passed  at  the  last  session,  that  pro- 
perty is  now  to  be  appraised  and  will  probably  be  conveyed  to  the  state  ;  but 
the  act  requiring  that  it  should  be  conveyed  free  from  all  incumbrances,  I 
beg  leave  to  recal  the  attention  of  the  board  to  the  subject  of  my  fromer  ap- 
plication. If,  in  consideration  of  the  nature  of  the  establishment,  being  de- 
voted to  the  benefit  of  the  medical  schools  of  this  city,  the  additional  value 
which  it  has  given  to  public  property  in  the  neighbourhood,  or  the  sacrifice  I 
make  in  conveying  to  the  state,  without  remuneration,  the  valuable  collection 
of  plants  belonging  to  the  institution,  the  corporation  should  be  induced  to  re- 
mit to  me  the.  quit  rent,  I  should  feel  it  as  an  additional  favour  to  those  I  have 


m 

already  experienced  from  the  board :  should  that,  however,  not  meet  their 
views,  and  that  they  consent  to  commute  the  rent,  I  should  be  greatly  obliged 
by  their  determining,  as  early  as  possible,  the  commutation  they  may  sup- 
pose it  proper  for  me  to  pay,  as  it  will  facilitate  the  duties  of  the  appraisers, 
and  enable  me,  without  delay,  to  comply  with  the  requisitions  of  the  act  on  that 
subject. 

I  am,  Sir,  respectfully, 

Your  humble  servant, 

DAVID  HOSACK. 
The  Hon.  the  Mayor. 

PROCEEDINGS  OF  THE  CORPORATION. 

In  Common  Council,  May  7th,  1810. 
A  petition  of  David  Hosack,  respecting  the  quit  rent,  reserved  on  his  lands 
at  the  botanic  garden,  was  received  and  referred  to  a  committee  consisting 
of  aldermen  Mesier,  Bingham,  and  Roosevelt. 

In  Common  Council,  May  2lst,  1810. 

The  committee,  to  whom  was  referred  the  petition  of  David  Hosack,  re- 
ported, "  that  they  find  the  quit  rent  reserved  on  the  ground,  occupied  as  a 
botanic  garden,  amounts  to  sixteen  bushels  of  wheat  per  annum,  and  that  at 
an  average  of  one  dollar  and  twenty-five  cents  per  bushel,  it  will  require  a 
capital  of  two  hundred  and  eighty -five  dollars  and  seventy -one  cents  to  yield  an 
equal  revenue. 

Your  committee,  however,  considering  the  smallness  of  the  sum,  and  feeling 
disposed  to  co-operate  with  the  legislature,  in  their  laudable  and  generous 
views  of  devoting  this  institution  to  the  benefit  of  the  medical  schools  of  this 
city,  and  also  to  remunerate,  as  far  as  practicable,  the  patriotic  contributions 
of  time,  talents  and  labour,  which  Dr.  Hosack  has  so  unceasingly  bestowed 
upon  this  object,  recommend,  that  the  quit  rent,  reserved  in  the  botanic  gar- 
den be  remitted  or  released,  so  as  to  enable  Dr.  Hosack  to  comply  with  the 
act  of  the  legislature,  which  requires  a  conveyance  of  the  same  should  be 
made  free  from  incumbrance.     All  which  is  submitted. 

(Signed)  PETER  MESIER, 

JOHN  BINGHAM, 
.TAMES  ROOSEVELT. 

Whereupon  it  was  moved,  that  the  quit  rent  be  released  to  him  on  paying 
an  equivalent  therefor,  which  was  agreed  to.  It  was  then  moved,  that  the 
sum  to  be  paid  therefor  be  four  hundred  dollars.  On  the  question  to  agree  to 
the  same,  a  division  having  been  called  thereon,  it  passed  in  the  negative. — 
Nays  9—  Ayes  7- 

It  was  then  moved,  that  the  sum  to  be  paid  be  two  hundred  and  eighty -five 
dollars  and  seventy -one  cents,  which  was  carried  in  the  affirmative. — Ayes  10 
—Nays  6. 

Having  paid  the  above  sum  to  the  corporation,  the  release  of 
the  quit  rent  was  accordingly  executed. 

REPORT  OF  THE  APPRAISERS. 

JWw-Forfc,  5th  June,  1810. 

We,  the  subscribers,  having  viewed  the  botanic  garden  belonging  to  David 

Hosack,  commonly  called  Elgin,  with  the  appurtenances,  situate  in  the  ninth 

■ward  of  the  city  of  New-York,  containing,  according  to  a  surrey  thereof  upon 

©atb,  nineteen  acres,  three  roods  and  thirty-eight  perches.    And  taking  into 


43 

consideration  the  delay  of  payment  resulting  from  the  mode  adopted  by  the 
legislature,  (which  we  consider  as  equivalent,  upon  an  average,  to  a  delay  of 
five  years  and  a  half,)  do  estimate  and  value  the  same  garden,  with  the  ap- 
purtenances, exclusive  of  the  ti'ees,  shrubs,  and  plants  in  and  upon  the  same, 
under  the  above  circumstances,  at  one  hundred  and  three  thousand  one  hun- 
dred and  thirty  seven  dollars. 

(Signed)  M.  CLARKSON, 

RICHD.  VARICK, 
RICHD.  HARISON, 
M.  WILLETT, 
ARTHUR  SMITH. 

City  of  New-York,  ss. 
Be  it  remembered,  that  on  the  5th  day  of  June,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  ten,  before  me  Josiah  Ogden  Hoffman,  recorder 
of  the  city  of  New-York,  personally  appeared  the  with  in  named  Matthew  Clarfc- 
son,  Richard  Varick,  Richard  Harison,  Marinus  Willett  and  Arthur  Smith* 
who  being  duly  sworn,  deposed  and  said,  that  the  within  appraisement  and 
valuation  is  just  and  true  to  the  best  of  their  knowledge,  information  and  be- 
lief in  every  respect,  as  the  same  is  within  contained. 

JOS.  OGDEN  HOFFMAN. 

State  of  New-York,   Secretary's  Office. 
I  certify  the  preceding  to  be  a  true  copy  of  an  appraisement  of  the  botanic 
garden,  commonly  called  Elgin. 

DANIEL  HALE,  Secretary. 
Albany,  September  4th,  1810. 

As  doubts  have  been  expressed  in  some  of  the  public  prints 
of  the  correctness  of  the  preceding  valuation,  I  consider  it  not 
improper  to  state,  that  the  appraisers  were  occupied  nearly 
six  weeks  in  obtaining  information  of  the  value  of  land  in 
the  vicinity  of  the  garden,  and  in  making  up  their  estimates  of 
the  property  itself.  By  the  following  account  of  actual  sales 
made  about  the  same  time,  and  estimates  which  were  received 
by  the  appraisers  as  well  as  by  myself,  from  different  gentlemen, 
who  were  supposed  to  be  best  acquainted  with  the  value  of  land 
in  the  neighbourhood  of  the  city  of  New-York,  it  will  appear  that 
the  above  valuation,  presented  to  the  land  office,  was  less  than 
any  of  those  that  are  subjoined. 

J\'ew-York,  January  oOth,  1810- 
Dear  Sir, 

In  reply  to  3'our  note  of  the  26th  inst.  requesting  my  opinion  of  the 

value  per  acre  of  your  ground  or  garden  ;  was  I  in  want  of  such  a  piece  of 

ground,  I  should  think  it  a  good  purchase  at  2250  dollars,  and  not  a  bad  one 

at  2500  dollars.     In  a  few  years,  I  have  no  doubt,  it  will  be  worth  much  more. 

Respectfully  your's, 

Dr.  Hosack.  A.  HAMMOND. 

New-York,  4th  May,  1810. 
Sir— When  you  asked  me  the  other  day  what  I  deemed  to  be  the  real  selling' 
price  of  land  about  Bloomingdale,  I  presumed  that  you  wished  to  have  mate- 
rials, by  which  the  real  value  of  your  garden  per  acre  might  be  estimated,  or 


44 

rather,  the  value  of those  lands  before  they  were  improved  as  at  present. 
Recollecting  that  Charles  Smith  sold  some  lands,  two  or  three  years  ago,  to 
Mr.  Emmet  the  attorney,  and  Mr.  William  Adamson,  I  presumed  that  the 
cases  were  perfectly  in  point,  because  the  sales  were  recent ;  because  the  lands 
he  sold  join  your  garden  to  the  westward,  and  because  neither  of  the  pur- 
chasers are  supposed  to  trifle  with  their  cash;  they  both  purchased  in  specu- 
lation. The  chief  difference  between  Smith's  land,  and  the  land  on  which 
your  garden  is  founded  is,  that  the  land  he  sold  is  much  lower,  being  sur- 
rounded by  higher  ground,  and  part  of  it  is  greatly  incommoded  by  large 
rocks. 

I  saw  one  of  the  title  deeds  last  evening,  by  which  it  appears,  that  Charles 
Smith  received  3000  dollars,  in  cash,  for  one  acre,,  two  roods,  five  poles  and 
eighty  square  links  of  land,  that  is  to  say,  2000  dollars  per  acre,  except  that 
five  poles  are  added  to  the  acre  and  a  half.  When  we  consider  the  different 
situations  of  the  soil,  your  lands  being  in  general  higher  than  Smith's,  and 
commanding  a  better  prospect,  and  that  your  lands  at  present  are  highly  cul- 
tivated, we  are  in  some  measure  prepared  for  determining  their  value  by 
late  actual,  sales. 

I  am  your  obedient  servant, 

HUGH  WILLIAMSON. 
Doctor  D.  Hosack. 

New-York,  May  3d,  1810. 
Dear  Sir, 

In  reply  to  your  request,  I  have  to  inform  you  that  I  purchased  a  square 

acre  of  land  of  Casper  Simlar,  lying  on  the  Bloomingdale  road,  adjoining  the 

United  States  Arsenal,  some  years  since,  and  gave  him  5000  dollars  per  acre. 

This  lot,  I  believe,  is  about  a  mile  south  of  your  botanic  garden. 

I  am,  respectfully,  your  obedient  servant. 

Doctor  David  Hosack.  TliEODQRUS  BAILEY. 

Dear  Sir,  New-York,  January  29th,  1810. 

I  cannot  better  answer  your  query  respecting  the  value  of  your  ground  at 
Elgin,  than  by  referring  you  to  the  sales  made  by  the  corporation,  while  I  was 
comptroller,  of  their  lands  at  the  five  mile  stone,  called  Hamilton  square.  In 
1807,  they  sold  about  twelve  acres,  in  half  acre  lots  ;  some  of  the  lots  sold 
from  1200  to  165y  dollars  per  lot.  There  was  a  quit  rent  reserved  upon  each 
lot,  pf  twenty  bushels  of  wheat ;  and  the  average  price,  including  the  quit  re- 
served, was  2750  dollars  per  acre. 

I  will  add,  that  I  have  frequently  heard  the  value  of  your  grounds  spoken 
of,  and  it  has  been  generally  allowed  that  they  were,  improved  as  the  ground 
is,  worth  2500  dollars  per  acre 

I  am,  Sir,  with  esteem,  your's, 

Doctor  D.  Hosack.  J.MORTON. 

Nctu-Yorh,  May  3d,  1810. 
Dear  Sir, 

At  your  request,  I  have  examined  the  corporation  sales  of  the  lots  at 
Inkleburgh,  and  find  that  Mr.  Patrick  M'Kay  gave  for  lot  No.  2, 1850  dollars. 
As  this  was  a  half  acre  lot,  and  as  there  was  a  reservation  on  it  of  twenty  bush- 
els of  Avheat  per  annum,  it  brings  that  lot  (estimating  wheat  at  12s.  per  bushel) 
at  the  rate  of  4700  dollars  per  acre.  Mr.  M'Kay  also  bought,  at  same  sales, 
lots  No.  52  and  53,  each  half  acre  lots,  and  having  the  same  quit  rent  re- 
served, for  which  he  gave  1720,  and  1620  dollars.  The  average  price  of  those 
three  lots  per  acre,  was  (including  the  value  of  the  quit  rent)  4460  dollars. 
I  am,  with  regard,  your's, 
Doctor  David  Hosack.  J.  MORTON. 


45 

Kip's  Bay,  May  4th,  181& 
Sir, 

Agreeable  to  your  request,  I  have  spoken  to  my  brother,  and  we  have 
judged  that  your  property,  known  by  the  botanic  garden,  is  worth  3000  dol- 
lars per  acre.  Much  of  our  (on  Kip's  Bay)  property  is  worth  more,  as  it  has 
brought  more  both  at  auction  and  at  private  sale. 

We  are  Sir,  your  most  obedient  servants, 

SAML.  KIP. 
Doctor  David  Hosack.  CORNS.  KIP. 

JVewYork,  June  4th,  1810. 
Sir, 

Agreeable  to  your  request,  we  have  taken  into  consideration  the  value 
of  your  land  near  the  four  mile  stone,  and  are  of  opinion  that  it  is  worth  3000 
dollars  per  acre,  independent  of  the  buildings. 

JOHN  R.  MURRAY. 
Doctor  David  Hosack.  WILLIAM  OGUEN. 

New-York,  May  24th,  1810. 
Dear  Sir, 

In  conversation  with  you  relative  to  the  value  of  the  botanic  garden  of 
Dr.  Hosack,  I  expressed  the  opinion,  that  the  land,  exclusive  of  any  improve- 
ments, was  worth  twenty-five  hundred  dollars  per  acre.  Since  that  conversa- 
tion I  have  visited  the  property,  and  found  it  in  a  high  state  of  cultivation;  I 
am  therefore  satisfied  that  the  land,  independent  of  the  improvements,  is 
worth  at  least  twenty-five  hundred  dollars  per  acre,  if  not  more. 
I  am,  Sir,  respectfully  your's, 
Richard  Varick,  Esq.  FRANCIS  B.  WINTHROP. 

Two  other  estimates  were  also  submitted  to  the  appraisers, 
viz.  one  by  Mr.  William  Bridges,  a  city  surveyor,  valuing  the 
land  at  2500  dollars  per  acre  ;  and  another  by  Mr.  Charles  Loss, 
another  city  surveyor,  estimating  it,  under  oath,  at  3000  dollars 
per  acre  ;  but  as  their  estimates  accompanied  the  surveys  of  the 
property,  which  were  deposited  with  the  conveyances  in  the 
office  of  the  secretary  of  state,  copies  of  them  could  not  be  pro- 
cured in  time  for  this  publication. 

Estimate  of  tfe  Buildings  at  the  Botanic  Garden. 

We,  the  subscribes,  builders,  and  residents  of  the  city  of  New-York,  at 
the  request  of  debtor  David  Hosack,  have  valued  the  improvements  on  his 
land,  near  the  ^>ur  mile  stone,  called  the  botanic  garden,  to  wit :  the  hot  bed 
frames,  the  conservatory  or  green  house,  and  its  appendages,  the  dwelling 
house,  the  hot  houses  and  their  back  buildings,  the  lodges,  "the  gates  and  the 
fences  Around  the  land,  including  the  wells,  at  the  sum  of  twenty -nine  thou- 
sand three  hundred  dollars.     §29,300. 

JOSEPH  NEWTON. 

ARTHUR  SMITH. 

JOfiN  E.  WEiT. 

TIMOTHY  B.  CRANE. 
New-York,  January  16th,  1810. 

City  of  New-York,  ss. 
Appeared  before  me  in   January,  1810,  the  above  named  Joseph  Newton, 
Arthur  Smith,  John  E.  West,  and  Timothy  B   Crane,   and  being  severally 

6 


46 

5#orn,  did  depose  and  say,  that  the  contents  of  the  above  appraisement,  signed 
by  them,  are  just  and  true. 
1  J  DE  WITT  CLINTON. 

SUBSEQUENT  PROCEEDINGS  OF  THE  LAND  OFFICE. 

Secretary's  Office  of  the  State  of  New-York,  Albany, 

September  4th,  1810. 

Seutlejiek, 
The  commissioners  of  the  land  office  have  enjoined  it  upon  me  to  transmit 
to  you  a  certified  copy  of  your  appraisement  of  Dr.  Hosack's  botanic  garden, 
with  a  request  that  you  will  be  so  obliging  as  to  indorse  thereon,  a  designa- 
tion of  the  value  at  which  you  appraised  the  garden,  exclusive  of  any  allow- 
ance for  the  delay  of  payment. 

With  much  respect, 

Your  very  humble  servant. 

DANIEL.  HALE,  Secretary, 
Matthew  Clarkson-, 
Richard  Varick, 
Richard  Harison, 
Marines  Wiliett,  and 
Arthur  Smith,  Esquires. 

Reply  of  the  appraisers. 

Exclusive  of  any  allowance  for  the  delay  of  payment,  we  estimated  the  gar- 
den, (including:  stone  fence,)  at  2,500  dollars  per  acre,  making 
in  all  -  -  -  -  -  -  -       _  -         $49,968  75 

And  we  estimated  the  buildings,  without  the  stone  fence,  (inclu- 
ded as  above,) 24,300  00 

§74,268  75 
The  whole  at  seventy  four  thousand  two  hundred  and  sixty- 
eight  dollars  and  seventy-live  cents. 

M.  CLARKSON, 
RICHD.  VARICK, 
R1CHD.  HARISON, 
M.  WILLETT, 
ARTHUR  SMITH. 
24th  September,  1810. 

Upon  the  receipt  of  the  foregoing  reply  from  the  appraisers, 
designating  the  value  of  the  property ,  exclusive  of  any  allowance 
being  made  for  the  delay  of  payment,  considered  by  them  as 
equivalent  upon  an  average  to  five  and  a  half  yeai^  (see  the  ap- 
praisement, p.  42,)  the  following  resolutions  were  adopted  by  the 
land  office,  and  communicated  to  me  by  the  secretary  o£  state. 

Secretary's  Office,  State  of  Nexv-York, 

October  9th,  1810. 
Sir, 

Agreeably  to  the  directions  of  the  commissioners  of  the  land  office, 
have  the  honour  to  transmit  to  you  a  copy  of  their  proceedings,  on  the  subject 
of  the  botanic  garden. 

I  am  respectfully,  sir, 

Tour  humble  servant, 
Doctor  David  Hosack.  DANIEL  HALE,  Secretary. 


47 

At  a  Meeting  of  the  -Commissioners  of  the  Land  Office,  held  at  the  Secretary's 
Office,  the  8th  day  of  October,  1810, 

Teesekt— DANIEL D.  TOMPKINS,  Governor 
DANIEL  HALE,  Secretarv. 
ABRAHAM  G.  LANSING,"  Treasurer. 
ARCHIBALD  M'INTYRE,  Comptroller. 
SIMEON  DE  WITT,  Surveyor  General. 
ABRAHAM  VAN  VECHTEN,  Attorney  General. 

Tke  secretary  laid  before  the  board  a  communication  in  writing,  received 
from  the  appraisers  of  the  botanic  garden,  near  the  city  of  New-York,  called 
Elgin,  made  pursuant  to  a  resolution  of  this  board,  of  the  1st  September  last, 
in  the  words  and  figures  following-,  to  wit : 

Exclusive  of  any  allowance  for  the  delay  of  payment,  we  es- 
timate the  garden,  (including  stone  fence,)  at  2,500  dollars  per 

acre,  making  in  all $49,968  75 

And  we  estimate  the  buildings,  without  the  stone  fence,  (inclu- 
ded as  above) $24,300  00 


§74,268  75 
The  whole  at  seventy  four  thousand  two  hundred  and  sixty - 
-QJght  dollars  and  seventy-five  cents. 

M.  CLARKSON, 
RICHARD  VARICK, 
RICHARD  HARISON. 
M.  WILLETT, 
ARTHUR  SMITH. 
2ith  September,  1810. 

Resolved,  That  the  commissioners  of  the  land  office,  in  pursuance  of  the 
directions  of  the  act,  entitled,  "  An  act  for  promoting  medical  science  in  the 
state  of  New-York,"  hereby  offer  to  doctor  David  Hosack,  for  the  purchase 
of  the  lands  comprising  the  botanic  garden,  commonly  called  Elgin,  with  the 
appurtenances,  near  the  city  of  New-York,  the  sum  of  seventy-four  thousand 
two  hundred  and  sixty -eight  dollars  and  seventy -five  cents,  (being  the  ap- 
praised value  of  the  said  garden,)  payable  in  the  manner  provided  for  by 
the  said  act. 

Andin  case  the  said  offer  shall  be  accepted  by  the  said  David  Hosack,  and 
his  acceptance  signified  to  the  district  attorney,  mentioned  in  the  said  act, 

Resolved,  That  the  said  district  attorney  be,  and  is  hereby  requested  to  ex- 
amine the  title  of  the  said  David  Hosack  to  the  said  lands,  a»d  ascertain 
whether  the  said  lands  are  subject  to  any  and  what  incumbrances,  or  reser- 
vations, and  that  he  report  thereon  to  the  commissioners  of  the  land  offiee, 
according  to  the  directions  of  the  act  aforesaid,  with  all  convenient  speed. 

Resolved,  That  the  secretary  transmit  copies  of  the  foregoing  resolutions 
to  Doctor  Hosack,  and  the  district  attorney  of  the  district  which  includes  the 
city  and  county  of  New-York. 

State  of  J\'exv-York,  Secretary's  Office. 

I  certify  the  preceding  to  be  a  true  extract  from  the  minutes  of  the 
proceedings  of  the  commissioners  of  the  land  office. 

DANIEL  HALE,  Secretary. 
Albany,   October  9th,  1810. 

I  do  not  hesitate  here  to  acknowledge,  with  all  due  deference 
to  the  honourable  the  members  of  the  land  office,  that  the  above 
deduction   made  by  that  board,  from  the   appraisement  pre- 


48 

sented  to  them  by  the  commissioners,  was  to  me  unexpected. 
When  I  recollected,  too,  that  the  appraisement  had  been  made 
by  gentlemen  of  the  highest  respectability,  distinguished  for 
their  correct  judgment,  information  and  integrity,  exclusively 
selected  and  appointed  by  the  land  office,  and  that  their  valua- 
tion had  been  made  upon  the  most  mature  inquiry  and  delibera- 
tion, and  sanctioned  by  the  solemnity  of  an  oath,  I  confess,  al- 
though the  act  only  enjoins  a  "  fair  and  equitable  valuation," 
and  makes  no  provision  on  account  of  the  delay  of  payment,  I 
was  surprised  that  the  board  should  have  so  construed  the  act  as 
to  have  considered  it  necessasy  to  make  any  deduction  from  the 
■appraisement  of  the  commissioners.  But  confident  that  the  legis- 
lature would  consider  the  time  and  manner  of  payment  as  consti- 
tuting an  essential  ingredient  in  every  valuation  of  property,  I 
did  not  hesitate  to  signify  my  acceptance  of  the  terms  proposed  by 
the  land  office.  The  engagements,  too,  into  which  I  had  been 
led  by  the  expenses  of  that  establishment,  did  not  leave  me  at  li- 
berty to  decline  their  offer.  I  accordingly  addressed  the  follow- 
ing acceptance  to  the  district  attorney  : 

New-York,  October  12th,  1810. 
To  Cadwallader  D.  Colden,  Esq.  District  Attorney,  of  the  District  including 

the  city  and  county  of  New-York. 
Sir, 

I  hereby  signify  to  you  my  acceptance  of  the  offer  conveyed  in  the 
foregoing'  resolution  of  the  land  office. 

DAVID  HOSACK. 

On  the  21st  of  the  same  month,  I  received  the  following  com- 
munication from  Mr.  Coiden  relative  to  my  title  to  the  property. 

October  21st,  1810. 
Dear  Sir, 

The  law  under  which  the  commissioners  of  the  land  office  have  re- 
ferred to  me,  the  affair  of  the  botanic  garden,  makes  it  my  duty  to  examine 
your  title  to  the  "  lands  comprising  the  botanic  garden,  commonly  called 
Elgin,"  and  if  I  shall  find  the  title  perfect,  and  the  lands  free  from  all  in- 
cumbrance, I  am  to  receive  a  deed  from  you  to  the  people  of  the  state.  I 
have  no  hesitation  in  saying,  that  the  title  you  have  exhibited  to  me,  is  perfect 
as  to  all  the  lands  conveyed  to  you  by  the  corporation.  But  I  find  that  in  the 
garden,  and  making  part  of  it,  are  certain  portions  of  land  which  are  de- 
scribed in  your  deed  from  the  corporation,  and  on  the  map  therein  referred  to 
as  laid  out  for  streets.  To  these  streets  your  deed  does  not  give  you  a  title, 
whatever  may  have  been  the  view  of  the  gentlemen  who  appraised  this  pro- 
perty, whether  they  took  into  consideration  this  circumstance  or  not,  and 
although  I  believe  that  the  lands  are  more  valuable  with  streets  running 
through  them  than  they  would  otherwise  be ;  yet  the  act  in  question  does  not 
leave  me  at  liberty  to  make  any  other  inquiry,  than  whether  you  can  convey 
a  good  title  to  all  the  lands  within  the  lines  of  the  garden.  And  this,  I  think, 
you  cannot  do,  until  you  have  obtained  a  grant  of  the  streets. 

Probably  the  corporation,  considering  the  public  advantage  that  the  garden 
Would  be  when  in  the  hands  of  the  state,  how  long  it  will  be  before  it  can  be 


49 

necessary  to  open  streets  in  that  quarter,  and  that  when  opened  they  would 
enhance  the  value  of  the  lands  to  the  state,  might  be  induced  to  make  you  a 
grant  of  the  reserved  lands  to  enable  you  to  make  to  the  state  a  complete  title 
to  the  whole  garden. 

The  moment  this  is  done,  it  will  give  me  great  pleasure  to  execute  the 
duty  which  the  law  requires  of  me. 

I  am,  dear  sir,  with  great  respect  and  esteem, 
Your  obedient  humble  servant. 

CADWALLADER  D.  COLDEN. 

Upon  the  receipt  of  this  letter,  I  immediately  preferred  the 
succeeding  memorial  to  the  corporation. 

To  the  Honourable  the  Mayor,  Aldermen,  and  Members  of  the  Common  Council. 

Gentlemen, 

Agreeably  to  the  act  passed  at  the  last  session  of  the  legislature,  for 
the  purchase  of  the  botanic  garden,  the  commissioners  of  the  land  office 
have  caused  an  appraisement  of  that  property  to  be  made  by  five  of  our 
most  respectable  citizens.  I  have  also  signified  my  acceptance  of  the  offer 
which  has  been  subsequently  made  to  me  by  that  beard.  It  now  becomes  the 
duty  of  the  district  attorney  to  examine  my  title  to  the  lands  comprising  the 
garden,  and  if  the  title  be  found  perfect,  and  the  property  free  trjva  all  in- 
cumbrances, to  receive  from  me  a  deed  of  the  same  to  the  people  of  the 
state.  Mr.  Colden  has  accordingly  made  the  necessary  inquiries,  but  find- 
ing, as  he  observes  in  the  inclosed  letter,  some  portions  of  the  land  re- 
served for  the  purpose  of  streets,  lie  informs  me,  that  in  that  particular,  my 
conveyance  would  be  incomplete,  and  that,  unless  I  am  enabled  to  convey  to 
the  state,  the  whole  of  the  land  comprised  in  the  garden,  he  cannot  comply 
with  the  requisitions  of  the  act,  by  accepting  my  deed ;  in  which  case,  the  ob- 
jects of  the  act  will  at  last  be  wholly  defeated  and  lost. 

I  therefore  beg  leave  to  call  the  attention  of  your  honourable  body,  to  the 
embarrassment  under  which  I  labour,  at  the  same  time  soliciting  from  you,  a 
grant  of  the  reserved  lands,  to  enable  me  to  make  to  the  state  a  complete  title 
to  the  garden. 

As  this  property  is  to  be  conveyed  to  the  state,  for  the  purpose  of  perpetu- 
ating it  as  a  public  institution,  and  which,  I  trust,  will  advance  the  interests  of 
learning  in  our  country,  and  particularly  in  this  city,  I  cannot  but  indulge  the 
hope,  that  you  will  be  again  induced  to  extend  your  liberal  patronage  to 
this  institution,  by  enabling-  me  to  comply  with  the  conditions  which  are  made 
necessary  by  the  act  passed  for  the  purchase  of  the  same. 

I  am,  gentleman,  very  respectfully, 
Your  obliged,  See. 

DAVID  IIOSACK. 

J\'e-a)-York,   October  lid,  1810. 

PROCEEDINGS  OF  THE  CORPORATION. 

In  Common  Council,  October 'Sid,  1810. 
A  memorial  of  Dr.  David  Hosack  was  received,  stating,  that  an  appraise- 
ment having  been  made  agreeably  to  a  late  act  of  the  legislature  of  the  bo- 
tanic garden,  for  the  purchase  of  the  same,  for  and  on  account  of  the  state, 
and  having  exhibited  his  title  to  the  district-attorney,  he  had  represented,  that 
in  the  deed  from  the  corporation  for  those  grounds,  certain  reservations  had 
been  made  for  the  purpose  of  streets,  by  which  reservation,  in  the  opinion  of 
the  said  attorney,  the  memorialist  could  net  make  out  a  perfect  title  for  those 


£0 

grounds  io  the  state.  As,  therefore,  this  purchase,  oil  the  part  of  the  state, 
was  made  for  valuable  public  purposes,  the  memorialist  solicited  the  board 
to  make  a  grant  to  him  of  these  reservations,  to  enable  him  to  make  a  perfect 
title  to  the  state.  Ordered,  That  the  same  be  referred  to  Mr.  Hawes,  Alder- 
man Carpenter  and  Mr.  Hoghland. 

I?i  Common  Council,  December  10th,  1810. 

The  committee,  to  whom  was  referred  the  memorial  of  Doctor  Hosack,  on 
the  subject  of  the  botanic  garden,  and  the  streets  reserved  therein,  reported, 
That  they  have    given  the  subject  that  consideration,  which  its  high  im- 
portance seems  to  require. 

That  after  the  opinion  so  fully  expressed  of  the  importance  of  Dr.  Hosack's 
botanic  garden,  not  only  to  the  students  and  professors  of  medicine ;  but  also 
of  its  great  public  utility,  in  the  memorial  of  the  medical  society  of  the  city 
and  county  of  New-York,  to  the  legislature  of  the  state;  after  the  resolution 
of  the  common  council  of  the  15th  of  January  last;  the  resolution  of  the 
governors  of  the  hospital ;  the  recommendation  contained  in  a  certificate 
signed  by  a  large  number  of  gentleman,  eminent  in  their  respective  profes- 
sions, for  liberality  of  sentiment  and  literary  acquirement;  the  memorial  of 
the  students  attending  the  medical  schools  in  the  city  of  New-York,  all  con- 
curring in  opinion  with  the  medical  society,  of  the  important  benefits  result- 
ing to  the  medical  profession  in  particular,  and  to  the  cause  of  science  in  ge- 
neral, from  the  said  establishment ;  and  all  uniting  in  their  prayer  to  the 
legislature,  that  the  s  aid  botanic  garden  should  be  purchased  by  the  state  ; 
and  after  the  report  of  a  committee  of  the  senate  to  whom  the  before  men- 
tioned memorials  were  referred,  fully  recognising  the  extensive  benefits  of  a 
botanic  garden,  and  unanimously  recommending,  that  the  one  established  by 
"Or.  Hosack  should  be  purchased  by  the  state  ;  but,  above  all,  after  the  act  of 
the  legislature,  making  provision  by  law  for  the  purchase  of  the  same,  your 
committee  conceive  it  would  be  arrogance  in  them  for  a  moment  to  doubt  of 
the  extensive  importance  of  a  botanic  establishment,  or  of  the  propriety  of 
its  being  purchased  and  owned  by  the  state.  The  committee  beg  leave  fur- 
ther to  report,  that  the  grounds  now  inclosed  and  improved  as  a  botanic  gar- 
den, consist  of  four  lots,  which  were  sold  by  the  corporation  to  Dr.  Hosack, 
with  a  reservation  for  four  streets,  to  be  opened  at  such  future  time  as  the  cor- 
poration shall  think  proper ;  three  of  which  streets,  when  opened,  will  inter- 
sect the  said  garden  in  a  south  easterly,  and  north  westerly  direction,  and  one 
of  the  said  streets  is  on  the  south  westerly  side  of  the  said  garden. 

By  the  act  of  the  legislature,  passed  at  the  last  session,  for  the  purchase  of 
the  botanic  garden,  Dr.  Hosack  was  required,  as  a  condition  of  the  purchase, 
to  execute  a  perfect  title  for  the  same  to  the  state,  free   of  all  incumbrances. 

The  district  attorney,  who  was  directed  by  the  commissioners  of  the  land 
office  to  examine  into  the  title,  considering  the  reservation  of  the  said  streets 
as  an  incumbrance,  declined  accepting  a  deed  from  Dr.  Hosack,  unless  he  ob- 
tained a  grant  of  the  said  streets  from  the  corporation.  Under  these  circum- 
stances Dr.  Hosack  petitions  the  corporation  to  relieve  him  from  this  embar- 
rassing situation,  by  releasing  to  him  their  title  to  the  grounds  reserved  for 
streets,  and  thereby  enabling  him  to  perfect  the  title  to  the  state  of  the  whole 
botanic  garden. 

From  this  brief  statement  it  seems,  and  the  committee  are  truly  apprehen- 
sive, that  unless  the  corporation  should  release  to  Dr.  Hosack  the  grounds  re- 
served for  streets,  as  above  mentioned,  the  whole  object  of  the  legislature,  in 
the  purchase  of  the  botanic  g-arden,  will  be  defeated,  and  as  the  establishment 
is  too  weightyfor  any  individual  to  bear,  Dr.  Hosack  will  be  driven  to  the  ne- 
cessity of  exposing  the  same  to  sale  at  public  auction,  and  his  valuable  col- 
lection of  plants  will  be  purchased  by  some  rival  establishment,  and  transfer- 
red to  some  of  our  sister  states.    The  committee  are  not  sensible,  that  a  dif- 


51 

ference  of  opinion  exists  as  to  the  course  which  the  corporation  ought  to 
pursue  upon  this  occasion  ;  and  that  many  objections,  more  plausible  than 
solid,  are  urged  against  releasing  their  title  to  the  ground  reserved  for  streets : 
but  the  committee  are  of  opinion,  that  so  long  as  the  said  grounds  are  con- 
tinued as  a  botanic  garden,  or  as  an  open  square  for  any  other  public  use,  the 
streets  intersecting  the  same  will  not  be  required  to  be  opened ;  and  that  so 
far  from  diminishing  the  value  of  the  adjacent  lots,  their  value  will  be  increased 
thereby.  And  that  should  the  legislature  herepfter  think  proper,  which  is 
not  very  probable,  to  dispose  of  the  same  to  private  individuals,  for  building 
lots,  it  would  be  for  their  interest  first  to  lay  open  the  said  streets. 

To  meet  the  possibility  of  such  an  event,  Dr.  Hosack  has  procured  from 
sundry  persons,  owning  lots  adjacent  to,  and  in  the  vicinity  of  the  botanic 
garden,  a  certificate  expressing  "  their  assent  to  a  cession  by  the  corporation, 
of  the  grounds  reserved  for  streets,  as  far  as  they  maybe  concerned,  believ- 
ing that  the  institution  would  prove  a  benefit  to  the  city  and  the  community 
at  large,"  which  certificate''  accompanies  this  report,  and  is  signed,  as  the  com- 
mittee are  informed,  by  all  the  persons,  except  one,  owning  property  adjoin- 
ing the  garden  on  the  east  and  Avest  sides. 

The  only  remaining  objection  to  the  ground  reserved  for  streets,  relates  to 
the  street  on  the  south  westerly  side  of  the  garden,  and  is  inclosed  within  the 
same. 

Your  committee  understand,  that  the  lot  of  land,  adjoining  the  botanic  gar« 
den  on  the  south  westerly  side  is  owned  by  the  corporation  ;  but  is  subject  to 
a  lease,  now  belonging  to  the  heirs  or  executors  of  Caspar  Samler  In  process 
of  time  it  may  be  necessary  to  open  a  street  on  that  side  of  the  garden,  and 
should  the  corporation  release  their  right  to  the  street  reserved  on  that  side 
of  the  garden,  it  would  be  necessary  in  such  case,  for  the  corporation 
either  to  purchase  the  same  of  the  state,  or  to  lay  out  a  street  upon  their 
own  lands,  adjacent  to  the  garden.  To  provide  for  such  an  event,  and  to  in- 
demnify the  corporation  against  any  loss  that  might  arrive  therefrom,  your 
committee  suggest  the  following  propositions  for  their  consideration,  viz  : 

1st.  That  Dr.  Hosack  purchase  from  the  corporation,  the  ground  reserved 
for  a  street,  on  the  south  westerly  side  of  the  garden,  at  the  price  per  acre, 
or  lesser  quantity,  at  which  the  same  was  valued  and  estimated  to  him  by  the 
appraisers,  appointed  under  the  act  of  the  legislature,  payable  out  of  the  pro- 
ceeds of  the  lottery  g-ranted  for  the  purchase  of  the  botanic  'garden,  at  the 
time  when  the  same  shall  be  drawn  ;  or  2d.  That  Dr.  Hosack  convey  to  the 
corporation  the  same  quantity  of  land  in  the  vicinity  of  the  garden,  of  equal 
value,  in  exchange  for  the  said  street. 

In  either  of  these  ways  your  committee  are  of  opinion,  that  neither  the  pub- 
lic, nor  any  individual,  would  be  injured  by  a  cession  of  said  street. 


»  CERTIFICATE. 

m  \Ve,  the  subscribers,  proprietors  of  land  adjacent  to,  and  in  the  vicinity  of  the  Botanic  garden,  be- 
ing informed  that  the  corporation  have  expressed  some  hesitation  to  cede  to  the  state  the  land  which 
has  been  reserved  In  the  said  garden  for  the  purpose  of  streets,  lest  it  might  injure  the  rights  of  indi- 
viduals in  the  neighbourhood,  hereby  signify  our  assent  to  such  cession,  as  iar  as  we  may  be  concerned, 
believing  that  the  institution  in  question  will  prove  a  benefit  to  the  city,  and  to  the  'community  ai 
large. 

CHARLES  M'EVERS.  THOMAS  BUCHANAN. 

ROBERT  LYLBURN.  WILLIAM   ADAMSON. 

ANDREW  MORRIS.  GEORGE  DEPEYSTER„> 

THOMAS  ADDIS  EMMETT.    CHARLES  SMITH. 
November  3,  1810. 


i>2 

On  the  whole,  your  committee  have  been  a  little  embarrassed,  in  coming  to 
a  decision  on  the  subject,  and  they  have  taken  the  liberty  to  exhibit  to  the 
corporation,  at  some  length,  the  lights  in  which  they  have  viewed  it.  The 
immense  importance  of  a  botanic  garden  ;  the  liberal  sum  granted  by  the 
state,  for  the  purchase  of  one  within  this  city;  and  the  strong  probability, 
that  if  this  fails,  many  years  will  elapse  before  another  will  be  attempted,  are 
considerations,  which  the  corporation  ought  well  to  weigh,  before  they  come 
to  such  a  resolution  on  the  subject,  as  may  result  in  the  entire  destruction  of 
the  establishment.  (Signed) 

PETER  HAWES, 
THOMAS  CARPENTER, 
WILLIAM  HOGHLAND. 
Whereupon  ordered,  That  the  consideration  of  said  report  be  postponed. 

In  Common  Council,  December  24th,-  1811. 

The  board  proceeded  to  take  into  consideration  the  report  of  the  committee, 
and  the  papers  respecting  doctor  Hosack's  botanic  garden. 

The  following  resolution  was  moved  by  his  honour  the  recorder  : 

Resolved,  That  the  memorial  of  doctor  David  Hosack  be  agreed  to,  and 
that  a  grant  and  release  be  made  to  him  accordingly,  in  trusty  that  he  con- 
vey the  said  lots  so  to  be  granted,  to  the  state ;  Provided,  That  in  exchange  for 
the  land  so  to  be  granted,  he  convey  to  the  mayor,  aldermen,  and  commonalty 
of  the  city  of  New-York,  lot  No.  84.  containing  five  acres  more  or  less,  as  de- 
signated on  the  map  of  the  common  lands,  represented  now  to  be  held  by 
the  said  doctor  Hosack  thereto,  and  to  report  proper  conveyances  to  this 
board. 

The  question  being  taken,  was  carried  in  the  affirmative,  and  his  honour 
the  recorder,  and  the  committee  on  laws  and  ordinances,  were  appointed  the 
committee  to  carry  the  same  into  effect. 

In  Common  Council,  December  31s?,  1810. 
The  recorder,  from  the  committee  appointed  at  the  last  meeting  of  the 
board,  on  the  subject  of  doctor  David  Hosack's  botanic  garden,  reported  a 
conveyance  from  him  for  lot  No.  84.  to  the  corporation,  which  was  accepted, 
and  ordered  to  be  delivered  to  the  comptroller. 

The  committee  also  presented  an  engrossed  deed  from  the  mayor,  alder- 
men and  commonalty,  to  David  Hosack,  which  was  accepted,  and  directed  to 
be  executed  accordingly. 

I  certify,  that  the  above  is  a  true  copy  from  the  minutes, 

For  J.  Morton,  Clerk. 

JAMES  HARDIE. 

Having  conveyed  to  the  corporation  the  above  mentioned  lot 
No.  84,  consisting  of  five  acres  of  land,  which  I  possessed, 
about  four  hundred  yards  north  of  the  garden,  and  having  received 
from  that  board  a  deed  conveying  to  me  the  streets  that  had 
been  reserved  in  the  botanic  garden,  I,  in  conformity  with  the 
conditions  of  the  act,  executed  a  deed  of  the  whole  property  to 
the  people  of  the  state,  which  was  accepted  by  the  district  attor- 
ney. Whereupon  he  made  the  following  report  to  the  land 
office : 


58 


Report  of  the  District  Attorney. 

I,  the  subscriber,  district  attorney  for  the  district  in  which  the  city  and 
county  of  New- York  is  situate,  to  whom  has  been  referred  certain  resolutions, 
passed  at  a  meeting  of  the  commissioners  of  the  land  office,  held  at  the  secre- 
tary's office,  on  the  8th  day  of  October,  1810  ;  pursuant  to  the  said  resolu- 
tions, do  report,  that  David  Hosack,  named  in  the  said  resolutions,  has  ac- 
cepted the  offer  thereby  made,  and  that  he  has  signified  to  me  his  said  accept- 
ance, by  a  declaration  to  that  effect,  written  on  the  copy  of  the  said  resolu- 
tions, which  was  transmitted  to  me  by  the  secretary  of  state  ;  which  said  copy, 
with  the  said  acceptance  of  the  said  David  Hosack  thereon  written,  is  here- 
unto annexed. 

I  further  report,  that  I  have  examined  the  title  of  the  said  David  Hosack  to 
the  lands  referred  to  in  the  said  resolutions,  and  that,  upon  such  examination, 
I  have  found  the  title  of  the  said  David  Hosack  to  the  said  lands  to  be  perfect, 
and  without  any  incumbrances  or  reservations  which  can  prevent  his  convey- 
ing- the  same  to  the  people  of  this  state,  free  and  clear  of  all  incumbrances  and 
reservations  whatsoever.  And  that  I  have,  therefore,  pursuant  to  the  act  of 
the  legislature  of  the  state  of  New-Yorkj  referred  to  in  the  said  resolutions, 
accepted  a  deed  for  the  said  lands,  from  the  said  David  Hosack,  to  the  people 
of  the  state  of  New-York,  by  which  deed,  all  the  trees,  plants  and  shrubs  on 
the  said  land  are  also  conveyed,*  upon  which  deed,  I  have  indorsed  such  a 
certificate  as  the  said  act  requires,  which  said  deed,  with  the  said  certificate 
indorsed  thereon,  I  now,  pursuant  to  the  said  act,  transmit  to  the  secretary  of 
state. 

All  which  is  respectfully  submitted. 

CADWALLADER  D.  COLDEN. 


*    VALUE  OF   THE  PLANTS. 

Valuation  made  by  John  Hastings,  Frederick  Pursh,  and  John  Brotvn. 

New-York,  January  24th,  1810. 
We,  the  subscribers,  in  committee  assembled,  for  the  valuation  of  the 
plants,  trees,  and  shrubs,  including  garden  tools  and  utensils,  necessary  for 
the  cultivation  of  the  same,  as  appertaining  to  the  green  house,  hot  houses, 
and  grounds  of  the  botanic  garden,  at  Elgin,  after  a  very  particular  inventory 
and  examination  of  the  improvements,  are  unanimously  agreed,  that,  to  the 
best  of  our  knowledge  and  ability,  we  consider  them  to  be  worth  the  sum  of 
twelve  thousand  six  hundred  and  thirty-five  dollars  and  seventy-four  and  a  half 
cents. 

JOHN  HASTINGS,  Nursery-man,  Brooklyn,  L.  L 

FREDERICK   PUR^H,  Botanist. 

JOHN  BROWN,  Nursery-man. 

City  of  New-York,  ss. 
The  above  named  persons  appeared  before  me  this  24th  January,  1810,  and 
severally  made   oath,  that  the  contents  of  the  above  paper  signed  by  them, 
are  just  and  true. 

DE  WTIT  CLINTON. 

Valuation  by  Andrew  Gentle,  Botanist  and  Seedsman. 

JYew-York,  January  22d,  1810. 
Dj\  Hosack, 

Sir— The  sum  of  fourteen  thousand  three  hundred  and  eighty  dollars  and 
7 


54 

The  above  report  having  been  accepted  by  the  land  office,  at 
their  meeting  h.  Id  January  11th,  1811,  and  the  deed  of  the  bo- 
tanic garden,  having  been  received  at  the  office  of  the  secretary 
of  state  to  be  recorded,  copies  of  the  following  notice  were  issued 
to  die  managers  of  the  lottery  named  in  the  act. 

Secretary's  Office,  Albany,  January  14th,  1811. 
Gentlemen, 

In  pursuance  of  the  act,  entitled,  "  An  act  for  promoting  medical 
science  in  the  state  of  New-York,"  passed  March  12th,  1810  ;  I  do  hereby  no- 
tify you,  that  I  have  received  inthe  office  of  the  secretary  of  this  state,  from 
Cadwalladev  D.  Golden,  Esq.  attorney  of  the  district,  in  which  the  city  and 
county  of  New-York  is  situated,  a  deed  for  the  lands,  comprising-  the  botanic 
garden,  commonly  called  Elgin,  with  the  appurtenances,  near  the  said  city  of 
New-York,  to  the  people  of  the  state  of  New-York,  executed  and  acknow- 
ledged bv  David  Hos.ick,  and  his  wife,  bearing  date  the  third  da)'  of  January, 
in  the  year  one  thousand  eight  hundred  and  eleven,  with  a  certificate  of  the 
said  attorney,  indorsed  and  subscribed  on  the  said  deed,  in  the  words  follow- 
ing, to  wit:  "  State  of  New-York,  ss.  I  certify,  that  I  approve  of  the  within 
deed;  that  I  have  examined  the  title  of  the  witliin  named  David  Hosack  to 
the  land,  by  the  said  deed  conveyed,  and,  upon  such  examination,  I  have  found 
the  said  title  to  be  such,  that  the  said  David  Hosack  conveys,  by  the  said 
deed,  to  the  people  of  this  state,  a  perfect  title  to  the  said  lands,  free  from  all 
incumbrances  whatsoever.  Dated  this  fourth  day  of  January,  one  thousand 
eight  hundred  and  eleven.  Cadwallader  D.  Golden."  And  I  do  further  notify 
you,  in  pursuance  of  the  said  act,  that  the  amount  of  the  consideration  ex- 
pressed in  the  said  deed,  is  seventy-four  thousand  two  hundred  and  sixty- 
eight  dollars,  and  seventy-five  cents. 

DANIEL  HALE,  Secretary. 
To  Samuel  L.  Mitchill,  John  L.  Broome, 

Benjamin  De  Witt,   Moss  Kent,  and 

Jeremiah   Johnson,  Esqrs     Managers 

of  the  Lottery  mentioned  in  the  above 

recited  act. 

From  the  preceding  documents,  the  reader  will  be  enabled  to 
form  some  opinion  of  the  many  difficulties  I  have  had  to  en- 
counter in  the  establishment  of  the  botanic  garden.  It  will 
also  be  perceived,  that  as  an  useful  and  necessary  institution,  it 
has  been  sanctioned  by  the  approbation,  not  only  of  the  medical 


fifty-nine  cents,  is,  I  believe, Jto  the  best  of  my  judgment,  the  value   of  your 
indigenous  and  exotic  plants,  tools,  Sec.  at  Elgin. 

I  am,  Sir,  yours,  &c. 

A.  GENTLE. 

City  of  New-York,  ss. 
Andrew  Gentle,  within  named,  deposes,  that  the  above  valuation  is  just  and 
tA-ue.  A.  GENTLE. 

Sworn  in  Januarv,  1810,  before  me, 

DE  WITT  CLINTON. 


55 

profession  throughout  the  state,  but  by  the  learned  of  every  pro- 
fession, and  by  many  others  of  our  most  respectable  citizens  ; 
that  in  every  instance,  when  introduced  to  the  notice  of  the  legis- 
lature, it  has  met  with  a  favourable  reception,  and  has  always 
been  considered  as  deserving  of  legislative  provision  ;  that  during 
the  discussion  which  took  place,  m  the  last  and  the  preceding  years, 
relative  to  the  purchase  of  the  establishment  by  the  state,  the 
most  influential  members,  both  of  the  senate  and  assembly, 
however  divided  in  their  political  sentiments,  united  in  giving 
it  their  decided  and  liberal  support.  It  will  also  appear  from  an 
examination  of  the  act  which  was  passed,  that  the  purchase  of 
the  garden  was  to  be  made  upon  a  fair  and  equitable  valuation  ; 
that  such  valuation  has  accordingly  been  made  by  five  of  our 
most  respectable  citizens,  chosen  by  the  commissioners  of  the 
land  offic.  — that  the  appraisers  formed  their  opinion  of  the  value 
of  the  property,  not  only  from  their  own  personal  knowledge,  but 
also  from  the  estimates  which  they  received  from  many  other  re- 
putable and  disinterested  individuals  ;  and  that,  after  a  due  ex- 
amination of  the  conditions  of  the  act,  they  considered  the  de- 
lay of  payment  as  constituting  a  necessary  part  of  the  valuation — 
that  they  accordingly  formed  their  estimate  of  the  property, 
amounting,  exclusive  of  the  plants,  to  the  sum  of  one  hundred 
and  three  thousand  one  hundred  and  thirty-seven  dollars,  which 
estimate  was  presented  to  the  commissioners  of  the  land  office  in 
June,  1810.  It  has  also  been  stated,  that  at  a  meeting  of  the 
commissioners  of  the  land  office  in  September  following,  the  ap- 
praisers were  called  upon  to  designate  the  value  of  the  garden, 
exclusive  of  any  allowance  for  the  delay  of  payment ;  and  that 
the  appraisers,  in  reply,  stated  the  value,  exclusive  of  any  allow- 
ance for  the  distant  period  of  payment,  in  other  words,  the  price 
it  paid  for  in  cash  at  the  time  of  the  purchase,  at  seventy  four 
thousand  txvo  hundred  and  eighty-eight  dollars  and  seventy-five 
cents — that  at  a  subsequent  meeting  of  the  commissioners  of.  the 
land  office,  held  in  the  month  of  October  following,  they  made 
me  an  offer  of  the  last  mentioned  amount — that  I  acceded  to  the 
terms  proposed,  and  immediately  contracted  with  the  corporation 
of  the  city  for  a  release  of  the  quit  rent,  and  of  the  streets  that 
had  been  reserved  upon  the  property  ;  and  that,  having  thus  ob- 
tained a  perfect  title,  the  contract  with  the  state  was  thereupon 
completed. 

I  have  already  observed,  that  I  was  influenced,  in  my  acceptance 
of  the  terms  proposed,  by  two  considerations  :  first,  that  the  legis- 
lature, in  their  construction  of  the  terms  and  spirit  of  the  act  that 
had  been  passed,  would  agree  with  the  appraisers  in  the  propriety 
of  including  the  interest  of  the  purchase  money  in  their  valuation, 
for  the  period  of  time  to  which  the  payment  might  be  deferred: 


0 

secondly,  that  I  accepted  the  same  as  a  duty  to  my  friends,  to 
whose  kindness  I  had  been  indebted,  and  by  whose  aid  I  had 
been  enabled  to  support  the  establishment.  But  when  the  legis- 
lature are  informed,  that  independent  of  the  time  and  attention 
which  I  have  bestowed  on  that  institution,  for  nearly  ten  years, 
exclusive  of  the  enhanced  value  of  the  property  since  its  first 
purchase,  and  the  additional  expenses  I  have  since  incurred  in 
obtaining  a  release  of  the  streets  that  had  been  reserved  by  the 
corporation,  that  my  disbursements,  with  the  addition  of  simple 
interest  for  five  years,  have  exceeded  the  sum  I  am  to  receive  at 
the  time  provided  by  the  act,  upwards  of  twenty -eight  thousand 
dollars,  I  feel  the  fullest  confidence  that  the  same  liberal  views 
which  induced  the  legislature  to  make  so  large  and  honourable  an 
appropriation  for  the  promotion  of  science,  will  also  incline  them 
to  sanction  the  appraisement  as  at  first  presented  to'  the  land  of- 
fice.  To  their  decision  I  respectfully  submit. 


.FINIS. 


E>uiW*l*3 


